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SB 323

Utah Senate•Passed

Summary

SB 323, “Criminal and Juvenile Justice Recodification”, was introduced in the Senate on Feb 23, 2026 by Sen. Todd Weiler (R) with 1 co-sponsor. It last saw action on Mar 23, 2026: Governor Signed in Lieutenant Governor's office for filing.

Record

Text

SB 323 has 1 co-sponsor and 8 roll calls.

sb0323/enrolled.txt
     Enrolled Copy  S.B. 323
 1  Criminal and Juvenile Justice Recodification
                                            2026 GENERAL SESSION
                                                STATE OF UTAH
                                         Chief Sponsor: Todd Weiler
                                      House Sponsor: Karianne Lisonbee
 2
 3    LONG TITLE
 4    General Description:
 5        This bill recodifies and amends provisions related to criminal and juvenile justice.
 6    Highlighted Provisions:
 7        This bill:
 8        ▸ creates Title 75E, Criminal and Juvenile Justice Administration;
 9        ▸ creates the Department of Criminal Justice within Title 75E, Criminal and Juvenile
10    Justice Administration;
11        ▸ recodifies to Title 75E, Criminal and Juvenile Justice Administration:
12  ●   Title 63M, Chapter 7, Criminal Justice and Substance Abuse;
13  ●   Title 77, Chapter 38, Part 6, Safe at Home Program;
14  ●   Title 78B, Chapter 22, Part 4, Utah Indigent Defense Commission;
15  ●   Title 78B, Chapter 22, Part 4a, Office of Indigent Defense Services;
16  ●   Title 78B, Chapter 22, Part 7, Indigent Aggravated Murder Defense Fund;
17  ●   Title 78B, Chapter 22, Part 8, Child Welfare Parental Representation Program;
18  ●   Title 78B, Chapter 22, Part 9, Indigent Appellate Defense Division; and
19  ●   Title 78B, Chapter 22, Part 11, Youth Defense Fund;
20        ▸ changes the name of:
21  ●   Title 76, Utah Criminal Code, to Title 76, Criminal Offenses; and
22  ●   Title 77, Utah Code of Criminal Procedure, to Title 77, Criminal Procedure;
23        ▸ defines terms;
24        ▸ establishes roles and responsibilities of the Department of Criminal Justice and the
25    commissioner of the Department of Criminal Justice;
26        ▸ reassigns certain responsibilities of the Commission on Criminal and Juvenile Justice to
27    the Department of Criminal Justice;
     S.B. 323  Enrolled Copy
28  ▸ clarifies roles, responsibilities, and administration of certain entities within the
29     Department of Criminal Justice;
30  ▸ removes obsolete programs, responsibilities, and reporting requirements of certain entities
31     within the Department of Criminal Justice;
32  ▸ revises the names of certain entities within the Department of Criminal Justice;
33  ▸ provides that the governor may direct the Department of Criminal Justice to assist with
34     extradition;
35  ▸ updates terminology;
36  ▸ makes technical and conforming changes; and
37  ▸ includes coordination clauses to substantively and technically coordinate changes
38     between this bill and:
39  ●   H.B. 122, Pregnant and Postpartum Inmate Amendments, if both bills pass and
40     become law;
41  ●   H.B. 220, Public Safety Data Amendments, if both bills pass and become law;
42  ●   H.B. 271, Multi-Agency Joint Strike Force Modifications, if both bills pass and
43     become law;
44  ●   H.B. 230, Offender Amendments, if both bills pass and become law;
45  ●   S.B. 13, Statutorily Required Reports and Presentations Amendments, if both bills
46     pass and become law;
47  ●   H.B. 34, Victim Rights Amendments, if both bills pass and become law;
48  ●   H.B. 48, Criminal and Juvenile Justice Changes, if both bills pass and become law;
49  ●   H.B. 188, Juvenile Justice Amendments, if both bills pass and become law;
50  ●   H.B. 274, Sentencing Amendments, if both bills pass and become law;
51  ●   S.B. 233, Judicial Performance Evaluation Amendments, if both bills pass and become
52     law;
53  ●   S.B. 313, Recidivism Amendments, if both bills pass and become law;
54  ●   S.B. 86, Firearm Safe Harbor Amendments, if both bills pass and become law;
55  ●   H.B. 90, Sexual Offenses Amendments, if both bills pass and become law;
56  ●   H.B. 137, Violent Crime Clearance Rate Amendments, if both bills pass and become
57     law;
58  ●   S.B. 145, Lobbying Amendments, if both bills pass and become law;
59  ●   H.B. 72, Criminal Use of Cryptocurrency Amendments, if both bills pass and become
60     law;
61  ●   S.B. 35, Amendments to Interdisciplinary Parental Representation Pilot Program.
                                                      -2-
     Enrolled Copy  S.B. 323
62    Money Appropriated in this Bill:
63        None
64    Other Special Clauses:
65        This bill provides a special effective date.
66        This bill provides coordination clauses.
67    Utah Code Sections Affected:
68    AMENDS:
69        10-3-716 (Effective 07/01/26), as last amended by Laws of Utah 2025, Chapter 354
70        13-53-111 (Effective 07/01/26), as last amended by Laws of Utah 2025, Chapter 51
71        17-72-101 (Effective 07/01/26), as renumbered and amended by Laws of Utah 2025,
72        First Special Session, Chapter 13
73        17-72-402 (Effective 07/01/26), as renumbered and amended by Laws of Utah 2025,
74        First Special Session, Chapter 13
75        17-72-408 (Effective 07/01/26), as renumbered and amended by Laws of Utah 2025,
76        First Special Session, Chapter 13
77        17E-2-101 (Effective 07/01/26), as renumbered and amended by Laws of Utah 2025,
78        First Special Session, Chapter 14
79        17E-2-201 (Effective 07/01/26), as renumbered and amended by Laws of Utah 2025,
80        First Special Session, Chapter 14
81        20A-2-204 (Effective 07/01/26), as last amended by Laws of Utah 2025, Chapters 381,
82        448
83        26A-1-114 (Effective 07/01/26), as last amended by Laws of Utah 2025, First Special
84        Session, Chapter 11
85        26B-1-202 (Effective 07/01/26), as last amended by Laws of Utah 2025, Chapter 426
86        26B-5-102 (Effective 07/01/26), as last amended by Laws of Utah 2025, First Special
87        Session, Chapter 16
88        26B-5-306 (Effective 07/01/26), as last amended by Laws of Utah 2023, Chapter 184 and
89        renumbered and amended by Laws of Utah 2023, Chapter 308
90        26B-5-380 (Effective 07/01/26), as renumbered and amended by Laws of Utah 2023,
91        Chapter 308
92        26B-5-801 (Effective 07/01/26) (Repealed 01/01/33), as last amended by Laws of Utah
93        2025, First Special Session, Chapter 9
94        32B-4-201 (Effective 07/01/26), as enacted by Laws of Utah 2010, Chapter 276
95        32B-4-301 (Effective 07/01/26), as enacted by Laws of Utah 2010, Chapter 276
                                                     -3-
      S.B. 323  Enrolled Copy
 96  36-29-111 (Effective 07/01/26) (Repealed 07/01/29), as last amended by Laws of Utah
 97  2025, Chapters 208, 252
 98  41-1a-1101 (Effective 07/01/26), as last amended by Laws of Utah 2025, Chapter 220
 99  41-6a-511 (Effective 07/01/26), as last amended by Laws of Utah 2025, Chapters 252,
100  267
101  49-11-406 (Effective 07/01/26), as last amended by Laws of Utah 2024, Chapter 425
102  49-12-203 (Effective 07/01/26), as last amended by Laws of Utah 2025, Chapter 64
103  49-13-203 (Effective 07/01/26), as last amended by Laws of Utah 2025, Chapter 64
104  49-22-205 (Effective 07/01/26), as last amended by Laws of Utah 2025, Chapter 64
105  51-9-412 (Effective 07/01/26), as last amended by Laws of Utah 2020, Chapter 230
106  53-1-106 (Effective 07/01/26), as last amended by Laws of Utah 2024, Chapter 506
107  53-6-107 (Effective 07/01/26), as last amended by Laws of Utah 2024, Chapter 163
108  53-6-213 (Effective 07/01/26), as last amended by Laws of Utah 2011, Chapter 131
109  53-10-118 (Effective 07/01/26), as enacted by Laws of Utah 2025, Chapter 267
110  53-10-302 (Effective 07/01/26), as last amended by Laws of Utah 2025, First Special
111  Session, Chapter 9
112  53-10-803 (Effective 07/01/26), as last amended by Laws of Utah 2025, Chapter 173
113  53-11-124 (Effective 07/01/26), as enacted by Laws of Utah 1998, Chapter 257
114  53-21-104.3 (Effective 07/01/26), as enacted by Laws of Utah 2024, Chapter 345
115  53-25-103 (Effective 07/01/26), as last amended by Laws of Utah 2025, Chapters 173,
116  208
117  53-25-202 (Effective 07/01/26), as last amended by Laws of Utah 2025, Chapter 173
118  53-25-301 (Effective 07/01/26), as renumbered and amended by Laws of Utah 2024,
119  Chapter 111
120  53-25-401 (Effective 07/01/26), as renumbered and amended by Laws of Utah 2024,
121  Chapter 111
122  53-25-501 (Effective 07/01/26), as last amended by Laws of Utah 2025, Chapters 173,
123  208
124  53-25-502 (Effective 07/01/26), as enacted by Laws of Utah 2025, Chapter 252
125  53-29-302 (Effective 07/01/26) (Partially Repealed 01/01/30), as enacted by Laws of
126  Utah 2025, Chapter 291
127  53E-3-516 (Effective 07/01/26), as last amended by Laws of Utah 2025, Chapter 343
128  53E-3-518 (Effective 07/01/26), as last amended by Laws of Utah 2024, Chapters 21, 24
129  53F-2-410 (Effective 07/01/26), as last amended by Laws of Utah 2024, Chapter 301
                                                   -4-
      Enrolled Copy  S.B. 323
130        53G-6-806 (Effective 07/01/26), as last amended by Laws of Utah 2024, Chapter 21
131        53G-8-702 (Effective 07/01/26), as last amended by Laws of Utah 2024, Chapter 21
132        58-11a-503 (Effective 07/01/26), as last amended by Laws of Utah 2025, Chapter 491
133        58-37-2 (Effective 07/01/26), as last amended by Laws of Utah 2025, Chapter 396
134        58-47b-503 (Effective 07/01/26) (Repealed 07/01/34), as last amended by Laws of Utah
135        2025, Chapter 236
136        59-2-407 (Effective 07/01/26), as last amended by Laws of Utah 2025, First Special
137        Session, Chapter 17
138        59-5-104 (Effective 07/01/26), as last amended by Laws of Utah 2004, Chapter 244
139        59-5-204 (Effective 07/01/26), as last amended by Laws of Utah 2008, Chapter 382
140        61-2c-501.5 (Effective 07/01/26), as last amended by Laws of Utah 2011, Chapter 289
141        61-2f-502 (Effective 07/01/26), as renumbered and amended by Laws of Utah 2010,
142        Chapter 379
143        63A-17-502 (Effective 07/01/26), as last amended by Laws of Utah 2024, Chapter 151
144        63G-2-305 (Effective 07/01/26), as last amended by Laws of Utah 2025, First Special
145        Session, Chapter 17
146        63I-1-263 (Effective 07/01/26), as last amended by Laws of Utah 2025, Chapters 391,
147        512
148        63I-1-275 (Effective 07/01/26), as enacted by Laws of Utah 2024, Third Special Session,
149        Chapter 5
150        63I-1-278 (Effective 07/01/26), as last amended by Laws of Utah 2025, Chapter 26
151        63I-2-253 (Effective 07/01/26), as last amended by Laws of Utah 2025, First Special
152        Session, Chapter 9
153        63J-1-602.1 (Effective 07/01/26), as last amended by Laws of Utah 2025, First Special
154        Session, Chapter 9
155        63J-1-602.2 (Effective 07/01/26) (Partially Repealed 07/01/29), as last amended by Laws
156        of Utah 2025, First Special Session, Chapter 17
157        63O-2-301 (Effective 07/01/26), as renumbered and amended by Laws of Utah 2024,
158        Chapter 425
159        64-13-6 (Effective 07/01/26), as last amended by Laws of Utah 2025, First Special
160        Session, Chapter 9
161        64-13-14.5 (Effective 07/01/26), as last amended by Laws of Utah 2025, Chapter 214
162        64-13-14.7 (Effective 07/01/26), as last amended by Laws of Utah 2022, Chapter 115
163        64-13-23 (Effective 07/01/26), as last amended by Laws of Utah 2025, Chapter 86
                                                   -5-
      S.B. 323  Enrolled Copy
164  64-13-25 (Effective 07/01/26), as last amended by Laws of Utah 2024, Chapter 16
165  64-13-45 (Effective 07/01/26), as last amended by Laws of Utah 2024, Chapters 245, 341
166  64-13e-102 (Effective 07/01/26), as last amended by Laws of Utah 2025, First Special
167  Session, Chapter 9
168  64-13e-103.1 (Effective 07/01/26), as last amended by Laws of Utah 2025, Chapter 243
169  64-13e-104 (Effective 07/01/26), as last amended by Laws of Utah 2024, Chapter 467
170  64-14-203 (Effective 07/01/26), as enacted by Laws of Utah 2025, Chapter 214
171  64-14-204 (Effective 07/01/26), as renumbered and amended by Laws of Utah 2025,
172  Chapter 214
173  64-14-302 (Effective 07/01/26), as renumbered and amended by Laws of Utah 2025,
174  Chapter 214
175  67-4a-801 (Effective 07/01/26), as last amended by Laws of Utah 2022, Chapter 451
176  67-4a-803 (Effective 07/01/26), as enacted by Laws of Utah 2017, Chapter 371
177  67-22-2 (Effective 07/01/26), as last amended by Laws of Utah 2025, Chapter 232
178  67-28-101 (Effective 07/01/26), as enacted by Laws of Utah 2025, Chapter 510
179  67-28-102 (Effective 07/01/26), as enacted by Laws of Utah 2025, Chapter 510
180  75-2-803 (Effective 07/01/26), as last amended by Laws of Utah 2025, Chapter 310
181  76-1-101.6 (Effective 07/01/26), as enacted by Laws of Utah 2022, Chapter 181
182  76-3-202 (Effective 07/01/26), as last amended by Laws of Utah 2025, Chapter 214
183  76-5-102.1 (Effective 07/01/26), as last amended by Laws of Utah 2025, Chapter 471
184  76-5-207 (Effective 07/01/26), as last amended by Laws of Utah 2025, Chapter 471
185  76-8-419 (Effective 07/01/26), as last amended by Laws of Utah 2024, Chapter 96
186  76-13-211 (Effective 07/01/26), as renumbered and amended by Laws of Utah 2025,
187  Chapter 173
188  77-2-5 (Effective 07/01/26), as last amended by Laws of Utah 2024, Chapter 187
189  77-2a-2 (Effective 07/01/26), as last amended by Laws of Utah 2025, Chapters 214, 431
190  77-2a-3 (Effective 07/01/26), as last amended by Laws of Utah 2025, Chapter 214
191  77-7-8.5 (Effective 07/01/26), as enacted by Laws of Utah 2014, Chapter 106
192  77-7-17.5 (Effective 07/01/26), as enacted by Laws of Utah 2019, Chapter 462
193  77-11b-101 (Effective 07/01/26), as enacted by Laws of Utah 2023, Chapter 448
194  77-11b-105 (Effective 07/01/26), as renumbered and amended by Laws of Utah 2023,
195  Chapter 448
196  77-11b-401 (Effective 07/01/26), as last amended by Laws of Utah 2023, Chapter 34 and
197  renumbered and amended by Laws of Utah 2023, Chapter 448
                                                   -6-
      Enrolled Copy  S.B. 323
198        77-11b-402 (Effective 07/01/26), as renumbered and amended by Laws of Utah 2023,
199        Chapter 448
200        77-11b-403 (Effective 07/01/26), as renumbered and amended by Laws of Utah 2023,
201        Chapter 448
202        77-11b-404 (Effective 07/01/26), as renumbered and amended by Laws of Utah 2023,
203        Chapter 448
204        77-17-6 (Effective 07/01/26), as enacted by Laws of Utah 1980, Chapter 15
205        77-18-105 (Effective 07/01/26), as last amended by Laws of Utah 2025, First Special
206        Session, Chapter 17
207        77-18-108 (Effective 07/01/26), as last amended by Laws of Utah 2025, Chapter 214
208        77-20-103 (Effective 07/01/26), as last amended by Laws of Utah 2025, Chapter 243
209        77-20-403 (Effective 07/01/26), as renumbered and amended by Laws of Utah 2021,
210        Second Special Session, Chapter 4
211        77-22-2.5 (Effective 07/01/26), as last amended by Laws of Utah 2025, Chapter 173
212        77-27-1 (Effective 07/01/26), as last amended by Laws of Utah 2021, Chapters 21, 260
213        77-27-2 (Effective 07/01/26), as last amended by Laws of Utah 2023, Chapter 184
214        77-27-5 (Effective 07/01/26), as last amended by Laws of Utah 2025, Chapters 476, 526
215        77-27-5.4 (Effective 07/01/26), as last amended by Laws of Utah 2024, Chapter 145
216        77-27-10 (Effective 07/01/26), as last amended by Laws of Utah 2025, Chapters 214, 299
217        77-27-11 (Effective 07/01/26), as last amended by Laws of Utah 2025, Chapter 214
218        77-27-32 (Effective 07/01/26), as last amended by Laws of Utah 2024, Chapter 208
219        77-37-3 (Effective 07/01/26), as last amended by Laws of Utah 2025, First Special
220        Session, Chapter 11
221        77-37-4 (Effective 07/01/26), as last amended by Laws of Utah 2024, Chapter 156
222        77-38-3 (Effective 07/01/26), as last amended by Laws of Utah 2025, Chapters 173, 174
223        and 214
224        77-38-11 (Effective 07/01/26), as last amended by Laws of Utah 2024, Chapter 160
225        77-38-302 (Effective 07/01/26), as last amended by Laws of Utah 2023, Chapter 184
226        77-38-303 (Effective 07/01/26), as last amended by Laws of Utah 2013, Chapter 278
227        77-38-403 (Effective 07/01/26), as last amended by Laws of Utah 2020, Chapter 142
228        77-38-405 (Effective 07/01/26), as enacted by Laws of Utah 2019, Chapter 361
229        77-38-502 (Effective 07/01/26), as last amended by Laws of Utah 2023, Chapter 394
230        77-38-503 (Effective 07/01/26), as enacted by Laws of Utah 2020, Chapter 112
231        77-38b-102 (Effective 07/01/26), as last amended by Laws of Utah 2025, Chapter 426
                                                  -7-
      S.B. 323  Enrolled Copy
232  77-38b-202 (Effective 07/01/26), as last amended by Laws of Utah 2025, Chapter 526
233  77-38b-205 (Effective 07/01/26), as last amended by Laws of Utah 2024, Chapter 330
234  77-38b-304 (Effective 07/01/26), as last amended by Laws of Utah 2025, First Special
235  Session, Chapter 17
236  77-40a-101 (Effective 07/01/26), as last amended by Laws of Utah 2025, Chapters 173,
237  239
238  77-40a-403 (Effective 07/01/26), as last amended by Laws of Utah 2025, Chapters 173,
239  208 and 291
240  78A-2-109.5 (Effective 07/01/26), as last amended by Laws of Utah 2025, Chapter 252
241  78A-6-102 (Effective 07/01/26), as last amended by Laws of Utah 2022, Chapter 335
242  78A-10a-304 (Effective 07/01/26), as enacted by Laws of Utah 2023, Chapter 250
243  78A-10a-404 (Effective 07/01/26), as enacted by Laws of Utah 2023, Chapter 250 and
244  last amended by Coordination Clause, Laws of Utah 2023, Chapter 250
245  78A-10a-504 (Effective 07/01/26), as last amended by Laws of Utah 2024, Chapter 158
246  78A-12-201 (Effective 07/01/26), as last amended by Laws of Utah 2025, Chapter 57
247  78A-12-202 (Effective 07/01/26), as last amended by Laws of Utah 2010, Chapter 286
248  78B-3-1003 (Effective 07/01/26), as enacted by Laws of Utah 2024, Chapter 75
249  78B-6-2105 (Effective 07/01/26), as last amended by Laws of Utah 2025, Chapter 173
250  78B-8-201 (Effective 07/01/26), as last amended by Laws of Utah 2025, Chapter 211
251  78B-9-109 (Effective 07/01/26), as last amended by Laws of Utah 2022, Chapter 295
252  78B-9-402 (Effective 07/01/26), as last amended by Laws of Utah 2024, Chapter 153
253  78B-9-405 (Effective 07/01/26), as last amended by Laws of Utah 2021, Chapter 36
254  78B-22-102 (Effective 07/01/26), as last amended by Laws of Utah 2025, First Special
255  Session, Chapter 17
256  78B-22-203 (Effective 07/01/26), as last amended by Laws of Utah 2024, Chapter 193
257  78B-22-301 (Effective 07/01/26), as last amended by Laws of Utah 2020, Chapters 371,
258  392
259  80-2-503 (Effective 07/01/26), as last amended by Laws of Utah 2023, Chapter 139
260  80-5-102 (Effective 07/01/26), as last amended by Laws of Utah 2025, Chapter 88
261  80-5-201 (Effective 07/01/26), as last amended by Laws of Utah 2025, Chapter 291
262  80-5-205 (Effective 07/01/26), as renumbered and amended by Laws of Utah 2021,
263  Chapter 261
264  80-5-304 (Effective 07/01/26), as enacted by Laws of Utah 2024, Chapter 256
265  80-6-102 (Effective 07/01/26), as last amended by Laws of Utah 2024, Chapters 240, 301
                                                   -8-
      Enrolled Copy  S.B. 323
266        80-6-104 (Effective 07/01/26), as last amended by Laws of Utah 2025, Chapters 173, 208
267        80-6-204 (Effective 07/01/26), as last amended by Laws of Utah 2023, Chapter 436
268        80-6-304 (Effective 07/01/26), as last amended by Laws of Utah 2025, Chapters 173, 324
269        80-6-307 (Effective 07/01/26), as last amended by Laws of Utah 2024, Chapter 208
270        80-6-607 (Effective 07/01/26), as last amended by Laws of Utah 2024, Chapter 208
271        80-6-804 (Effective 07/01/26), as last amended by Laws of Utah 2025, Chapters 173, 208
272        80-6-907 (Effective 07/01/26), as renumbered and amended by Laws of Utah 2021,
273        Chapter 261
274        81-13-205 (Effective 07/01/26), as renumbered and amended by Laws of Utah 2025,
275        Chapter 426
276    ENACTS:
277        75E-1-101 (Effective 07/01/26), Utah Code Annotated 1953
278        75E-2-101 (Effective 07/01/26), Utah Code Annotated 1953
279        75E-2-102 (Effective 07/01/26), Utah Code Annotated 1953
280        75E-2-103 (Effective 07/01/26), Utah Code Annotated 1953
281        75E-2-201 (Effective 07/01/26), Utah Code Annotated 1953
282        75E-2-202 (Effective 07/01/26), Utah Code Annotated 1953
283        75E-2-301 (Effective 07/01/26), Utah Code Annotated 1953
284        75E-3-201 (Effective 07/01/26), Utah Code Annotated 1953
285        75E-4-201 (Effective 07/01/26), Utah Code Annotated 1953
286        75E-5-102 (Effective 07/01/26), Utah Code Annotated 1953
287        75E-5-201 (Effective 07/01/26), Utah Code Annotated 1953
288        75E-5-203 (Effective 07/01/26), Utah Code Annotated 1953
289        75E-5-301 (Effective 07/01/26), Utah Code Annotated 1953
290        75E-6-201 (Effective 07/01/26), Utah Code Annotated 1953
291        75E-7-201 (Effective 07/01/26), Utah Code Annotated 1953
292        75E-8-201 (Effective 07/01/26), Utah Code Annotated 1953
293        75E-9-101 (Effective 07/01/26), Utah Code Annotated 1953
294        75E-9-201 (Effective 07/01/26), Utah Code Annotated 1953
295        75E-10-101 (Effective 07/01/26), Utah Code Annotated 1953
296        75E-10-201 (Effective 07/01/26), Utah Code Annotated 1953
297        75E-10-301 (Effective 07/01/26), Utah Code Annotated 1953
298        75E-10-401 (Effective 07/01/26), Utah Code Annotated 1953
299        75E-11-201 (Effective 07/01/26), Utah Code Annotated 1953
                                                  -9-
      S.B. 323  Enrolled Copy
300  75E-11-301 (Effective 07/01/26), Utah Code Annotated 1953
301  77-30-2.5 (Effective 07/01/26), Utah Code Annotated 1953
302     RENUMBERS AND AMENDS:
303  75E-2-203 (Effective 07/01/26), (Renumbered from 63M-7-102, as last amended by
304  Laws of Utah 2024, Chapter 208)
305  75E-2-204 (Effective 07/01/26), (Renumbered from 63M-7-205, as renumbered and
306  amended by Laws of Utah 2008, Chapter 382)
307  75E-2-205 (Effective 07/01/26), (Renumbered from 63M-7-216, as last amended by
308  Laws of Utah 2025, Chapter 252)
309  75E-2-206 (Effective 07/01/26), (Renumbered from 63M-7-216.1, as enacted by
310  Laws of Utah 2025, Chapter 252)
311  75E-2-207 (Effective 07/01/26), (Renumbered from 63M-7-208, as last amended by
312  Laws of Utah 2024, Chapter 240)
313  75E-2-208 (Effective 07/01/26), (Renumbered from 63M-7-220, as last amended by
314  Laws of Utah 2025, Chapter 208)
315  75E-2-209 (Effective 07/01/26), (Renumbered from 78A-10a-201, as enacted by
316  Laws of Utah 2023, Chapter 250)
317  75E-2-210 (Effective 07/01/26), (Renumbered from 63A-16-1002, as last amended
318  by Laws of Utah 2025, First Special Session, Chapter 17)
319  75E-2-211 (Effective 07/01/26), (Renumbered from 63M-7-528, as enacted by Laws
320  of Utah 2024, Chapter 401)
321  75E-2-302 (Effective 07/01/26), (Renumbered from 63M-7-214, as last amended by
322  Laws of Utah 2024, Chapter 108)
323  75E-2-303 (Effective 07/01/26), (Renumbered from 63M-7-218, as last amended by
324  Laws of Utah 2025, Chapter 252)
325  75E-2-304 (Effective 07/01/26), (Renumbered from 63M-7-215, as last amended by
326  Laws of Utah 2021, Second Special Session, Chapter 4)
327  75E-2-305 (Effective 07/01/26), (Renumbered from 63M-7-219, as last amended by
328  Laws of Utah 2025, Chapter 211)
329  75E-2-306 (Effective 07/01/26), (Renumbered from 63A-16-1003, as enacted by
330  Laws of Utah 2024, Chapter 108)
331  75E-3-101 (Effective 07/01/26), (Renumbered from 63M-7-101.5, as last amended
332  by Laws of Utah 2025, Chapter 360)
333  75E-3-102 (Effective 07/01/26), (Renumbered from 63M-7-201, as renumbered and
                                                   - 10 -
      Enrolled Copy  S.B. 323
334        amended by Laws of Utah 2008, Chapter 382)
335        75E-3-103 (Effective 07/01/26), (Renumbered from 63M-7-202, as last amended by
336        Laws of Utah 2024, Chapters 208, 245)
337        75E-3-104 (Effective 07/01/26), (Renumbered from 63M-7-203, as last amended by
338        Laws of Utah 2020, Chapter 352)
339        75E-3-105 (Effective 07/01/26), (Renumbered from 63M-7-206, as renumbered and
340        amended by Laws of Utah 2008, Chapter 382)
341        75E-3-106 (Effective 07/01/26), (Renumbered from 63M-7-207, as last amended by
342        Laws of Utah 2014, Chapter 387)
343        75E-3-202 (Effective 07/01/26), (Renumbered from 63M-7-204, as last amended by
344        Laws of Utah 2025, Chapters 51, 135, 252, 494, and 510)
345        75E-4-101 (Effective 07/01/26), (Renumbered from 63M-7-401.1, as enacted by
346        Laws of Utah 2024, Chapter 208)
347        75E-4-102 (Effective 07/01/26), (Renumbered from 63M-7-401.2, as last amended
348        by Laws of Utah 2021, Chapter 173)
349        75E-4-103 (Effective 07/01/26), (Renumbered from 63M-7-402, as last amended by
350        Laws of Utah 2024, Chapter 208)
351        75E-4-104 (Effective 07/01/26), (Renumbered from 63M-7-402.5, as enacted by
352        Laws of Utah 2024, Chapter 208)
353        75E-4-202 (Effective 07/01/26), (Renumbered from 63M-7-404.1, as enacted by
354        Laws of Utah 2024, Chapter 208)
355        75E-4-203 (Effective 07/01/26), (Renumbered from 63M-7-404.3, as last amended
356        by Laws of Utah 2025, Chapter 214)
357        75E-4-204 (Effective 07/01/26), (Renumbered from 63M-7-404.5, as enacted by
358        Laws of Utah 2024, Chapter 208)
359        75E-4-205 (Effective 07/01/26), (Renumbered from 63M-7-405, as last amended by
360        Laws of Utah 2024, Chapter 208)
361        75E-4-206 (Effective 07/01/26), (Renumbered from 63M-7-406, as last amended by
362        Laws of Utah 2024, Chapter 208)
363        75E-5-101 (Effective 07/01/26), (Renumbered from 63M-7-502, as last amended by
364        Laws of Utah 2025, First Special Session, Chapter 9)
365        75E-5-103 (Effective 07/01/26), (Renumbered from 63M-7-507, as last amended by
366        Laws of Utah 2024, Chapter 506)
367        75E-5-202 (Effective 07/01/26), (Renumbered from 63M-7-506, as last amended by
                                                   - 11 -
      S.B. 323  Enrolled Copy
368  Laws of Utah 2025, First Special Session, Chapter 11)
369  75E-5-204 (Effective 07/01/26), (Renumbered from 63M-7-508, as last amended by
370  Laws of Utah 2024, Chapter 506)
371  75E-5-205 (Effective 07/01/26), (Renumbered from 63M-7-527, as enacted by Laws
372  of Utah 2024, Chapter 135)
373  75E-5-206 (Effective 07/01/26), (Renumbered from 63M-7-515, as last amended by
374  Laws of Utah 2020, Chapter 149)
375  75E-5-302 (Effective 07/01/26), (Renumbered from 63M-7-526, as enacted by Laws
376  of Utah 2020, Chapter 230)
377  75E-5-303 (Effective 07/01/26), (Renumbered from 63M-7-525, as last amended by
378  Laws of Utah 2024, Chapter 506)
379  75E-5-304 (Effective 07/01/26), (Renumbered from 63M-7-503, as last amended by
380  Laws of Utah 2024, Chapter 330)
381  75E-5-305 (Effective 07/01/26), (Renumbered from 63M-7-509, as last amended by
382  Laws of Utah 2025, First Special Session, Chapter 11)
383  75E-5-306 (Effective 07/01/26), (Renumbered from 63M-7-510, as last amended by
384  Laws of Utah 2020, Chapter 149)
385  75E-5-307 (Effective 07/01/26), (Renumbered from 63M-7-517, as last amended by
386  Laws of Utah 2025, First Special Session, Chapter 11)
387  75E-5-308 (Effective 07/01/26), (Renumbered from 63M-7-529, as last amended by
388  Laws of Utah 2025, First Special Session, Chapter 11)
389  75E-5-309 (Effective 07/01/26), (Renumbered from 63M-7-511, as last amended by
390  Laws of Utah 2024, Chapter 506)
391  75E-5-310 (Effective 07/01/26), (Renumbered from 63M-7-514, as last amended by
392  Laws of Utah 2020, Chapter 149)
393  75E-5-311 (Effective 07/01/26), (Renumbered from 63M-7-519, as last amended by
394  Laws of Utah 2024, Chapter 506)
395  75E-5-312 (Effective 07/01/26), (Renumbered from 63M-7-521, as last amended by
396  Laws of Utah 2020, Chapter 149)
397  75E-5-313 (Effective 07/01/26), (Renumbered from 63M-7-521.5, as last amended
398  by Laws of Utah 2024, Chapter 506)
399  75E-5-314 (Effective 07/01/26), (Renumbered from 63M-7-524, as last amended by
400  Laws of Utah 2020, Chapter 149)
401  75E-6-101 (Effective 07/01/26), (Renumbered from 63M-7-901, as enacted by Laws
                                                   - 12 -
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402        of Utah 2023, Chapter 150)
403        75E-6-102 (Effective 07/01/26) (Repealed 07/01/29), (Renumbered from
404        63M-7-902, as last amended by Laws of Utah 2024, Chapter 506)
405        75E-6-103 (Effective 07/01/26), (Renumbered from 63M-7-903, as enacted by Laws
406        of Utah 2023, Chapter 150)
407        75E-6-202 (Effective 07/01/26), (Renumbered from 63M-7-904, as last amended by
408        Laws of Utah 2025, Chapter 271)
409        75E-6-301 (Effective 07/01/26), (Renumbered from 63M-7-1001, as enacted by
410        Laws of Utah 2024, Chapter 160)
411        75E-6-302 (Effective 07/01/26), (Renumbered from 63M-7-1002, as last amended
412        by Laws of Utah 2025, Chapter 214)
413        75E-6-303 (Effective 07/01/26), (Renumbered from 63M-7-1003, as enacted by
414        Laws of Utah 2024, Chapter 160)
415        75E-7-101 (Effective 07/01/26) (Repealed 07/01/27), (Renumbered from
416        63M-7-701, as enacted by Laws of Utah 2022, Chapter 145)
417        75E-7-102 (Effective 07/01/26) (Repealed 07/01/27), (Renumbered from
418        63M-7-702, as last amended by Laws of Utah 2024, Chapter 240)
419        75E-7-202 (Effective 07/01/26) (Repealed 07/01/27), (Renumbered from
420        63M-7-703, as enacted by Laws of Utah 2022, Chapter 145)
421        75E-8-101 (Effective 07/01/26), (Renumbered from 63M-7-1101, as enacted by
422        Laws of Utah 2025, Chapter 360)
423        75E-8-102 (Effective 07/01/26), (Renumbered from 63M-7-1102, as enacted by
424        Laws of Utah 2025, Chapter 360)
425        75E-8-202 (Effective 07/01/26), (Renumbered from 63M-7-1103, as enacted by
426        Laws of Utah 2025, Chapter 360)
427        75E-8-203 (Effective 07/01/26), (Renumbered from 63M-7-1104, as enacted by
428        Laws of Utah 2025, Chapter 360)
429        75E-8-204 (Effective 07/01/26), (Renumbered from 63M-7-1105, as enacted by
430        Laws of Utah 2025, Chapter 360)
431        75E-8-205 (Effective 07/01/26), (Renumbered from 63M-7-1106, as enacted by
432        Laws of Utah 2025, Chapter 360)
433        75E-9-102 (Effective 07/01/26), (Renumbered from 78B-22-401, as last amended by
434        Laws of Utah 2020, Chapters 371, 392 and 395)
435        75E-9-103 (Effective 07/01/26), (Renumbered from 78B-22-402, as last amended by
                                                - 13 -
      S.B. 323  Enrolled Copy
436  Laws of Utah 2024, Chapter 529)
437  75E-9-104 (Effective 07/01/26), (Renumbered from 78B-22-404, as last amended by
438  Laws of Utah 2025, Chapter 324)
439  75E-9-105 (Effective 07/01/26), (Renumbered from 78B-22-407, as renumbered and
440  amended by Laws of Utah 2019, Chapter 326)
441  75E-9-202 (Effective 07/01/26), (Renumbered from 78B-22-405, as last amended by
442  Laws of Utah 2020, Chapter 392)
443  75E-9-203 (Effective 07/01/26), (Renumbered from 78B-22-406, as last amended by
444  Laws of Utah 2025, Chapter 217)
445  75E-10-102 (Effective 07/01/26), (Renumbered from 78B-22-451, as last amended by
446  Laws of Utah 2021, Chapter 235)
447  75E-10-103 (Effective 07/01/26), (Renumbered from 78B-22-453, as last amended by
448  Laws of Utah 2021, Chapters 228, 235)
449  75E-10-202 (Effective 07/01/26), (Renumbered from 78B-22-452, as last amended by
450  Laws of Utah 2025, Chapter 217)
451  75E-10-302 (Effective 07/01/26), (Renumbered from 78B-22-455, as last amended by
452  Laws of Utah 2025, First Special Session, Chapter 17)
453  75E-10-303 (Effective 07/01/26), (Renumbered from 78B-22-454, as last amended by
454  Laws of Utah 2022, Chapter 451)
455  75E-10-402 (Effective 07/01/26), (Renumbered from 78B-22-701, as last amended by
456  Laws of Utah 2024, Chapter 193)
457  75E-10-403 (Effective 07/01/26), (Renumbered from 78B-22-701.5, as renumbered
458  and amended by Laws of Utah 2024, Chapter 193)
459  75E-10-404 (Effective 07/01/26), (Renumbered from 78B-22-702, as last amended by
460  Laws of Utah 2024, Chapter 193)
461  75E-10-405 (Effective 07/01/26), (Renumbered from 78B-22-703, as last amended by
462  Laws of Utah 2024, Chapter 193)
463  75E-10-406 (Effective 07/01/26), (Renumbered from 78B-22-704, as last amended by
464  Laws of Utah 2024, Chapter 193)
465  75E-10-501 (Effective 07/01/26), (Renumbered from 78B-22-801, as last amended by
466  Laws of Utah 2021, Chapters 228, 262 and last amended by Coordination Clause, Laws of
467  Utah 2021, Chapter 262)
468  75E-10-502 (Effective 07/01/26), (Renumbered from 78B-22-802, as last amended by
469  Laws of Utah 2021, Chapters 228, 235)
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      Enrolled Copy  S.B. 323
470        75E-10-503 (Effective 07/01/26), (Renumbered from 78B-22-803, as last amended by
471        Laws of Utah 2021, Chapters 228, 262)
472        75E-10-504 (Effective 07/01/26), (Renumbered from 78B-22-804, as last amended by
473        Laws of Utah 2023, Chapter 438)
474        75E-10-505 (Effective 07/01/26) (Repealed 12/31/26), (Renumbered from
475        78B-22-805, as last amended by Laws of Utah 2023, Chapter 438)
476        75E-10-601 (Effective 07/01/26), (Renumbered from 78B-22-901, as last amended by
477        Laws of Utah 2025, Chapter 426)
478        75E-10-602 (Effective 07/01/26), (Renumbered from 78B-22-902, as enacted by
479        Laws of Utah 2020, Chapter 371)
480        75E-10-603 (Effective 07/01/26), (Renumbered from 78B-22-904, as last amended by
481        Laws of Utah 2025, Chapter 217)
482        75E-10-604 (Effective 07/01/26), (Renumbered from 78B-22-903, as last amended by
483        Laws of Utah 2025, Chapter 426)
484        75E-10-701 (Effective 07/01/26), (Renumbered from 78B-22-1101, as enacted by
485        Laws of Utah 2025, Chapter 328)
486        75E-10-702 (Effective 07/01/26), (Renumbered from 78B-22-1102, as enacted by
487        Laws of Utah 2025, Chapter 328)
488        75E-10-703 (Effective 07/01/26), (Renumbered from 78B-22-1103, as enacted by
489        Laws of Utah 2025, Chapter 328)
490        75E-10-704 (Effective 07/01/26), (Renumbered from 78B-22-1104, as enacted by
491        Laws of Utah 2025, Chapter 328)
492        75E-11-101 (Effective 07/01/26), (Renumbered from 77-38-601, as last amended by
493        Laws of Utah 2025, Chapter 173)
494        75E-11-102 (Effective 07/01/26), (Renumbered from 77-38-602, as last amended by
495        Laws of Utah 2023, Chapter 237)
496        75E-11-202 (Effective 07/01/26), (Renumbered from 77-38-620, as last amended by
497        Laws of Utah 2025, Chapter 271)
498        75E-11-302 (Effective 07/01/26), (Renumbered from 77-38-603, as enacted by Laws of
499        Utah 2022, Chapter 215)
500        75E-11-303 (Effective 07/01/26), (Renumbered from 77-38-604, as enacted by Laws of
501        Utah 2022, Chapter 215)
502        75E-11-304 (Effective 07/01/26), (Renumbered from 77-38-605, as last amended by
503        Laws of Utah 2025, Chapter 291)
                                                   - 15 -
      S.B. 323  Enrolled Copy
504  75E-11-305 (Effective 07/01/26), (Renumbered from 77-38-606, as enacted by Laws of
505  Utah 2022, Chapter 215)
506  75E-11-306 (Effective 07/01/26), (Renumbered from 77-38-607, as last amended by
507  Laws of Utah 2023, Chapter 237)
508  75E-11-307 (Effective 07/01/26), (Renumbered from 77-38-608, as last amended by
509  Laws of Utah 2023, Chapter 237)
510  75E-11-308 (Effective 07/01/26), (Renumbered from 77-38-609, as last amended by
511  Laws of Utah 2023, Chapter 237)
512  75E-11-309 (Effective 07/01/26), (Renumbered from 77-38-610, as enacted by Laws of
513  Utah 2022, Chapter 215)
514  75E-11-310 (Effective 07/01/26), (Renumbered from 77-38-611, as last amended by
515  Laws of Utah 2025, Chapter 214)
516  75E-11-311 (Effective 07/01/26), (Renumbered from 77-38-612, as last amended by
517  Laws of Utah 2023, Chapter 237)
518  75E-11-312 (Effective 07/01/26), (Renumbered from 77-38-613, as enacted by Laws of
519  Utah 2022, Chapter 215)
520  75E-11-313 (Effective 07/01/26), (Renumbered from 77-38-614, as enacted by Laws of
521  Utah 2022, Chapter 215)
522  75E-11-314 (Effective 07/01/26), (Renumbered from 77-38-615, as last amended by
523  Laws of Utah 2024, Chapter 366)
524  75E-11-315 (Effective 07/01/26), (Renumbered from 77-38-616, as enacted by Laws of
525  Utah 2022, Chapter 215)
526  75E-11-316 (Effective 07/01/26), (Renumbered from 77-38-617, as enacted by Laws of
527  Utah 2022, Chapter 215)
528  75E-11-317 (Effective 07/01/26), (Renumbered from 77-38-619, as last amended by
529  Laws of Utah 2023, Chapter 237)
530     REPEALS:
531  63A-16-1001 (Effective 07/01/26), as last amended by Laws of Utah 2024, Chapter 108
532  63A-16-1004 (Effective 07/01/26), as enacted by Laws of Utah 2025, Chapter 252
533  63M-7-210 (Effective 07/01/26), as last amended by Laws of Utah 2025, First Special
534  Session, Chapter 9
535  63M-7-501 (Effective 07/01/26), as last amended by Laws of Utah 2011, Chapter 131
536  63M-7-506.5 (Effective 07/01/26), as enacted by Laws of Utah 2024, Chapter 160
537  63M-7-511.5 (Effective 07/01/26), as last amended by Laws of Utah 2020, Chapter 149
                                                  - 16 -
      Enrolled Copy  S.B. 323
538        63M-7-512 (Effective 07/01/26), as last amended by Laws of Utah 2020, Chapter 149
539        63M-7-513 (Effective 07/01/26), as last amended by Laws of Utah 2022, Chapter 430
540        63M-7-516 (Effective 07/01/26), as last amended by Laws of Utah 2024, Chapter 506
541        63M-7-518 (Effective 07/01/26), as last amended by Laws of Utah 2020, Chapter 149
542        63M-7-522 (Effective 07/01/26), as last amended by Laws of Utah 2024, Chapter 506
543        63M-7-523 (Effective 07/01/26), as last amended by Laws of Utah 2020, Chapter 149
544        63M-7-905 (Effective 07/01/26), as enacted by Laws of Utah 2023, Chapter 150
545        76-1-101 (Effective 07/01/26), as enacted by Laws of Utah 1973, Chapter 196
546        77-1-1 (Effective 07/01/26), as enacted by Laws of Utah 1980, Chapter 15
547        77-38-618 (Effective 07/01/26), as last amended by Laws of Utah 2023, Chapter 237
548        77-38-621 (Effective 07/01/26), as enacted by Laws of Utah 2022, Chapter 215
549    Utah Code Sections affected by Coordination Clause:
550        13-53-111, as last amended by Laws of Utah 2025, Chapter 51
551        53-1-106, as last amended by Laws of Utah 2024, Chapter 506
552        53-5a-502, as renumbered and amended by Laws of Utah 2025, Chapter 208, as amended
553        in 2026 S.B. 86
554        53-5a-602, as renumbered and amended by Laws of Utah 2025, Chapter 208, as amended
555        in 2026 H.B. 220
556        53-6-102, as last amended by Laws of Utah 2010, Chapter 313, as amended in 2026 H.B.
557        72
558        53-10-910, as last amended by Laws of Utah 2025, Chapter 271, as amended in 2026
559        H.B. 220
560        53-32-102, as enacted in 2026 H.B. 72
561        53H-7-603, as renumbered and amended by Laws of Utah 2025, First Special Session,
562        Chapter 8, as amended in 2026 H.B. 220
563        63A-16-1002, as last amended by Laws of Utah 2025, First Special Session, Chapter 17,
564        as amended in 2026 H.B. 220
565        63G-2-201, as last amended by Laws of Utah 2025, Chapters 299, 476, as amended in
566        2026 H.B. 220
567        63I-1-275, as enacted by Laws of Utah 2024, Third Special Session, Chapter 5
568        63I-1-280, as last amended by Laws of Utah 2024, Third Special Session, Chapter 5, as
569        amended in 2026 S.B. 13
570        63M-7-101.5, as last amended by Laws of Utah 2025, Chapter 360
571        63M-7-208, as last amended by Laws of Utah 2024, Chapter 240
                                                   - 17 -
      S.B. 323  Enrolled Copy
572  63M-7-215.1, as enacted in H.B. 137
573  63M-7-216, as last amended by Laws of Utah 2025, Chapter 252
574  63M-7-218, as last amended by Laws of Utah 2025, Chapter 252
575  63M-7-401.2, as last amended by Laws of Utah 2021, Chapter 173
576  63M-7-405, as last amended by Laws of Utah 2024, Chapter 208
577  63M-7-1001, as enacted by Laws of Utah 2024, Chapter 160
578  63M-7-1002, as last amended by Laws of Utah 2025, Chapter 214
579  63M-7-1002.5, as enacted in 2026 H.B. 34
580  63M-7-1003, as enacted by Laws of Utah 2024, Chapter 160
581  63M-7-1106, as enacted by Laws of Utah 2025, Chapter 360
582  64-13-45, as last amended by Laws of Utah 2024, Chapters 245, 341
583  64-13-47, as enacted by Laws of Utah 2021, Chapter 44, as amended in 2026 H.B. 220
584  64-14-203, as enacted by Laws of Utah 2025, Chapter 214
585  64-14-302, as renumbered and amended by Laws of Utah 2025, Chapter 214
586  67-5-22.7, as last amended by Laws of Utah 2025, Chapter 173, as amended in 2026
587  H.B. 220
588  75E-2-201, as enacted in 2026 S.B. 323
589  75E-2-202, as enacted in 2026 S.B. 323
590  77-27-32, as last amended by Laws of Utah 2024, Chapter 208
591  78A-12-201, as last amended by Laws of Utah 2025, Chapter 57, renumbered to Section
592  78A-12-103 in 2026 S.B. 233
593  78A-12-202, as last amended by Laws of Utah 2010, Chapter 286, renumbered to
594  Section 78A-12-104 in 2026 S.B. 233
595  80-5-202, as last amended by Laws of Utah 2024, Chapter 256, as amended in 2026 H.B.
596  220
597  UNCODIFIED MATERIAL
598
599     Be it enacted by the Legislature of the state of Utah:
600  Section 1. Section 10-3-716 is amended to read:
601  10-3-716 (Effective 07/01/26). Fines and forfeitures -- Disposition.
602     (1) All fines, penalties, and forfeitures for the violation of any ordinance, when collected,
603  shall be paid in accordance with Section 51-4-2.
604     (2) A violation of this section constitutes a class C misdemeanor.
605     (3) The retention or use of any fine, penalty, or forfeiture by any person for personal use or
                                                      - 18 -
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606        benefit constitutes a class B misdemeanor, except that if the amount or amounts exceed
607        $1,000 the offense is a class A misdemeanor as defined in [the Utah Criminal Code] Title
608        76, Criminal Offenses.
609  Section 2. Section 13-53-111 is amended to read:
610  13-53-111 (Effective 07/01/26). Recidivism reporting requirements.
611    (1) On or before August 31 of each year, a residential vocational or life skills program shall
612        collect and report data on recidivism of participants to the [State Commission on
613        Criminal and Juvenile Justice] Department of Criminal Justice.
614    (2) The report described in Subsection (1) shall include the metrics and requirements
615        described in Section [63M-7-102] 75E-2-203.
616    (3) The [State Commission on Criminal and Juvenile Justice] Department of Criminal Justice
617        shall include the information provided under this section in the report described in
618        Subsection [63M-7-204(1)(x)] 75E-2-202(19).
619  Section 3. Section 17-72-101 is amended to read:
620  17-72-101 (Effective 07/01/26). Definitions.
621       As used in this chapter:
622    (1) "Commissary account" means an account from which a prisoner may withdraw money,
623        deposited by the prisoner or another individual, to purchase discretionary items for sale
624        by a correctional facility.
625    (2) "Commissary purchase" means a transaction initiated by a prisoner by which the
626        prisoner obtains an item or items offered for sale by the correctional facility in exchange
627        for money withdrawn from the prisoner's commissary account.
628    [(3) "Commission" means the State Commission on Criminal and Juvenile Justice created
629        in Section 63M-7-201.]
630    [(4)] (3) "Correctional facility" means the same as that term is defined in Section 77-16b-102.
631    [(5)] (4) "County inmate" means an inmate who is sentenced to a county jail.
632    [(6)] (5) "Cross-sex hormone treatment" means the same as that term is defined in Section
633        26B-4-1001.[281-12(6)]
634    (6) "Department" means the Department of Criminal Justice created in Section 75E-2-102.
635    (7)(a) "In-custody death" means a prisoner death that occurs while the prisoner is in the
636        custody of a county jail.
637        (b) "In-custody death" includes a prisoner death that occurs while the prisoner is:
638  (i) being transported for health care; or
639  (ii) receiving health care outside of a county jail.
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      S.B. 323  Enrolled Copy
640     (8) "Inmate" means a prisoner who is in the custody of a correctional facility following a
641  criminal conviction.
642     (9) "Medication assisted treatment plan" means a prescription plan to use prescribed
643  medication approved by the federal Food and Drug Administration, such as
644  buprenorphine, methadone, or naltrexone to treat substance use withdrawal symptoms or
645  an opioid use disorder.
646     (10) "Notice" means all papers and orders, except process, required to be served in any
647  proceeding before any court, board, commission, or officer, or when required by law to
648  be served independently of a court proceeding.
649     (11) "Opiate" means the same as that term is defined in Section 58-37-2.
650     (12) "Primary sex characteristic surgical procedure" means the same as that term is defined
651  in Section 26B-4-1001.
652     (13) "Prisoner" means an individual who is:
653  (a) in custody of a peace officer in accordance with a lawful arrest; or
654  (b) confined in a county jail.
655     (14) "Police interlocal entity" means the same as that term is defined in Sections 17-76-201
656  and 17-76-301.
657     (15) "Police special district" means the same as that term is defined in Section 17-76-201.
658     (16) "Probationer" means an individual on probation under the supervision of the county
659  sheriff.
660     (17) "Process" means all writs, warrants, summonses and orders of the courts of justice or
661  judicial officers.
662     (18)(a) "Qualifying domestic violence offense" means, except as provided in Subsection
663  (18)(b), the same as that term is defined in Section 77-36-1.1.
664  (b) "Qualifying domestic violence offense" does not include criminal mischief as that
665  term is defined in Section 76-6-106.
666     (19) "State inmate" means an inmate who is sentenced to the Department of Corrections,
667  created in Section 64-13-2, even if the inmate is in the custody of a county jail.
668     (20) "Secondary sex characteristic surgical procedure" means the same as that term is
669  defined in Section 26B-4-1001.
670     (21) "Violent felony" means the same as that term is defined in Section 76-3-203.5.
671  Section 4. Section 17-72-402 is amended to read:
672  17-72-402 (Effective 07/01/26). Sheriff's classification of jail facilities --
673     Maximum operating capacity of jail facilities -- Limitations on contracting -- Transfer or
                                                          - 20 -
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674    release of prisoners -- Limitation -- Records regarding release.
675    (1)(a) Except as provided in Subsection (5), a county sheriff shall determine:
676  (i) subject to Subsection (1)(b), the classification of each county jail facility or
677  section of a county jail facility under the sheriff's control;
678  (ii) the nature of each program conducted at a county jail facility under the sheriff's
679  control; and
680  (iii) the internal operation of a county jail facility under the sheriff's control.
681        (b) A classification under Subsection (1)(a)(i) of a jail facility may not violate any
682  applicable zoning ordinance or conditional use permit of the county or municipality.
683    (2) Except as provided in Subsection (5), each county sheriff shall:
684        (a) with the approval of the county legislative body, establish a maximum operating
685  capacity for each county jail facility under the sheriff's control, based on facility
686  design and staffing; and
687        (b) upon a county jail facility reaching the county jail facility's maximum operating
688  capacity:
689  (i) transfer prisoners to another appropriate facility:
690  (A) under the sheriff's control; or
691  (B) available to the sheriff by contract;
692  (ii) subject to the requirements of Subsection (4), release prisoners:
693  (A) to a supervised release program, according to release criteria established by
694  the sheriff; or
695  (B) to another alternative incarceration program developed by the sheriff; or
696  (iii) admit prisoners in accordance with law and a uniform admissions policy
697  imposed equally upon all entities using the county jail.
698    (3)(a) The sheriff shall keep records of the release status and the type of release program
699        or alternative incarceration program for any prisoner released under Subsection
700        (2)(b)(ii).
701        (b) The sheriff shall make records described in Subsection (3)(a) available upon request
702  to the Department of Corrections, the judiciary, and the [commission] department.
703    (4) A sheriff may not release an individual due to overcrowding who, based on information
704        that is reasonably available to the sheriff:
705        (a) is arrested or convicted of a violent criminal offense as defined in Section
706  76-3-203.10;
707        (b) is arrested or convicted of a drug offense that is a felony;
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708  (c) is arrested or convicted of possession of any composition or mixture, including pills,
709  that contains 100 grams or more of fentanyl or a fentanyl-related substance;
710  (d) is arrested or convicted of an offense of driving under the influence or driving with a
711  measurable controlled substance in the body, if the offense results in death or serious
712  bodily injury to an individual;
713  (e) has been previously booked into the same jail within the 12-month period
714  immediately before the individual's current incarceration began; or
715  (f) has an outstanding warrant for failing to appear in a case:
716  (i) involving any charge described in Subsections (4)(a) through (4)(d); or
717  (ii) where the individual classifies as a habitual offender as defined in Section
718  77-18-102.
719     (5)(a) This section may not be construed to authorize a sheriff to modify provisions of a
720  contract with the Department of Corrections to house in a county jail a state inmate
721  sentenced to the Department of Corrections.
722  (b) A county contracting with another county to house a county inmate due to capacity
723  issues:
724  (i) shall contract with a county that:
725  (A) has available capacity in the county's county jail; and
726  (B) agrees to contract to house the county inmate;
727  (ii) shall, subject to the agreement of the parties to the contract, pay to the county
728  contracting to receive the transferred county inmate a day per capita rate that does
729  not exceed the higher of:
730  (A) the current average cost of housing a county inmate in the transferring county
731  jail; or
732  (B) the daily incarceration rates described in Section 64-13e-103.1; and
733  (iii) if the county is a county of the first class, and if the county or a sheriff in the
734  county has released a prisoner due to overcrowding during the lookback period
735  described in Subsection (5)(c), the county:
736  (A) may not enter into a new contract with a federal agency for the purpose of
737  housing federal detainees;
738  (B) may not house federal detainees in a number that exceeds the number of beds
739  that the county has contracted for with a federal agency in the current fiscal
740  year; and
741  (C) shall publish daily totals on the public data dashboard showing:
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742  (I) the total number of federal detainees held;
743  (II) the total number of beds under contract with a federal agency; and
744  (III) the total number of beds that are currently under contract with another
745  county for the purpose of housing federal detainees.
746        (c) The lookback period described in Subsection (5)(b)(iii) is:
747  (i) beginning on September 1, 2025, the period that begins on September 1, 2025, and
748  ends on August 31, 2026; and
749  (ii) for September 1, 2026, forward, the period that begins on September 1 of the
750  previous calendar year and ends on August 31 of the current calendar year.
751    (6) Regardless of whether a county jail facility has reached the county jail facility's
752        maximum operating capacity under Subsection (2), a sheriff may release an individual
753        from a county jail facility in accordance with:
754        (a) Section 17-72-804 and Section 77-20-203; or[ ]
755        (b) Section 77-20-204.
756    (7) The sheriff of a county of the first class is encouraged to open and operate all sections
757        of a county jail facility within the county that are not being used to full capacity.
758  Section 5. Section 17-72-408 is amended to read:
759  17-72-408 (Effective 07/01/26). County jail reporting requirements.
760    (1) Each county jail shall submit a report to the [commission] department before June 15 of
761        each year that includes, for the preceding calendar year:
762        (a) the average daily prisoner population each month;
763        (b) the number of prisoners in the county jail on the last day of each month who identify
764  as each race or ethnicity included in the Standards for Transmitting Race and
765  Ethnicity published by the United States Federal Bureau of Investigation;
766        (c) the number of prisoners booked into the county jail;
767        (d) the number of prisoners held in the county jail each month on behalf of each of the
768  following entities:
769  (i) the Bureau of Indian Affairs;
770  (ii) a state prison;
771  (iii) a federal prison;
772  (iv) the United States Immigration and Customs Enforcement; and
773  (v) any other entity with which a county jail has entered a contract to house inmates
774  on the entity's behalf;
775        (e) the number of prisoners that are denied pretrial release and held in the custody of the
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776  county jail while the prisoner awaited final disposition of the prisoner's criminal
777  charges;
778  (f) for each prisoner booked into the county jail:
779  (i) the name of the agency that arrested the prisoner;
780  (ii) the date and time the prisoner was booked into and released from the custody of
781  the county jail;
782  (iii) if the prisoner was released from the custody of the county jail, the reason the
783  inmate was released from the custody of the county jail;
784  (iv) if the prisoner was released from the custody of the county jail on a financial
785  condition, whether the financial condition was set by a county sheriff or a court;
786  (v) the number of days the prisoner was held in the custody of the county jail before
787  disposition of the prisoner's criminal charges;
788  (vi) whether the prisoner was released from the custody of the county jail before final
789  disposition of the prisoner's criminal charges; and
790  (vii) the prisoner's state identification number;
791  (g) the number of in-custody deaths that occurred at the county jail;
792  (h) for each in-custody death:
793  (i) the deceased's name, gender, race, ethnicity, age, and known or suspected medical
794  diagnosis or disability, if any;
795  (ii) the date, time, and location of death;
796  (iii) the law enforcement agency that detained, arrested, or was in the process of
797  arresting the deceased; and
798  (iv) a brief description of the circumstances surrounding the death;
799  (i) the known, or discoverable on reasonable inquiry, causes and contributing factors of
800  each of the in-custody deaths described in Subsection (2)(g);
801  (j) the county jail's policy for notifying an inmate's next of kin after the prisoner's
802  in-custody death;
803  (k) the county jail policies, procedures, and protocols:
804  (i) for treatment of a prisoner experiencing withdrawal from alcohol or substance use,
805  including use of opiates;
806  (ii) that relate to the county jail's provision, or lack of provision, of medications used
807  to treat, mitigate, or address a prisoner's symptoms of withdrawal, including
808  methadone and all forms of buprenorphine and naltrexone; and
809  (iii) that relate to screening, assessment, and treatment of a prisoner for a substance
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810  use or mental health disorder, including the policies, procedures, and protocols
811  that implement the requirements described in Section 17-72-501;
812        (l)(i) the number of prisoners whose screening described in Section 17-72-501
813  indicated the presence of a substance use disorder; and
814  (ii) of the prisoners whose screening indicated the presence of a substance use
815  disorder, the number of prisoners who received medication under a medication
816  assisted treatment plan; and
817        (m) any report the county jail provides or is required to provide under federal law or
818  regulation relating to prisoner deaths.
819    (2)(a) Subsection (1) does not apply to a county jail if the county jail:
820  (i) collects and stores the data described in Subsection (1); and
821  (ii) enters into a memorandum of understanding with the [commission] department
822  that allows the [commission] department to access the data described in Subsection
823  (1).
824        (b) The memorandum of understanding described in Subsection (2)(a)(ii) shall include a
825  provision to protect any information related to an ongoing investigation and comply
826  with all applicable federal and state laws.
827        (c) If the [commission] department accesses data from a county jail in accordance with
828  Subsection (2)(a), the [commission] department may not release a report prepared
829  from that data, unless:
830  (i) the [commission] department provides the report for review to:
831  (A) the county jail; and
832  (B) any arresting agency that is named in the report; and
833  (ii)(A) the county jail approves the report for release;
834  (B) the county jail reviews the report and prepares a response to the report to be
835  published with the report; or
836  (C) the county jail fails to provide a response to the report within four weeks after
837  the day on which the [commission] department provides the report to the county
838  jail.
839    (3) The [commission] department shall:
840        (a) compile the information from the reports described in Subsection (1);
841        (b) omit or redact any identifying information of an inmate in the compilation to the
842  extent omission or redaction is necessary to comply with state and federal law;
843        (c) submit the compilation to the Law Enforcement and Criminal Justice Interim
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844  Committee and the Utah Substance Use and Mental Health Advisory Committee
845  before November 1 of each year; and
846  (d) submit the compilation to the protection and advocacy agency designated by the
847  governor before November 1 of each year.
848     (4) The [commission] department may not provide access to or use a county jail's policies,
849  procedures, or protocols submitted under this section in a manner or for a purpose not
850  described in this section.
851     (5) Upon request, a county jail shall make a report, including only the names and causes of
852  death of deceased inmates and the facility in which the deceased inmates were being
853  held in custody, available to the public.
854  Section 6. Section 17E-2-101 is amended to read:
855  17E-2-101 (Effective 07/01/26). Definitions.
856        As used in this chapter:
857     [(1) "Commission" means the State Commission on Criminal and Juvenile Justice created
858  in Section 63M-7-201.]
859     [(2)] (1) "Criminal justice agency" means an agency or institution directly involved in the
860  apprehension, prosecution, or incarceration of a person involved in criminal activity.
861     [(3)] (2) "Criminal justice coordinating council" or "council" means a council created by a
862  county or counties in accordance with Section 17E-2-201.
863     [(4)] (3) "Criminal justice system" means the continuum of criminal justice agencies and
864  post-incarceration services that an individual may encounter as a result of the
865  individual's criminal activity.
866     (4) "Department" means the Department of Criminal Justice created in Section 75E-2-102.
867     (5)(a) "Post-incarceration services" means services that may assist an individual who is
868  leaving incarceration to reintegrate into the community.
869  (b) "Post-incarceration services" includes:
870  (i) educational services;
871  (ii) housing services;
872  (iii) health care services;
873  (iv) workforce services; and
874  (v) human services programs.
875  Section 7. Section 17E-2-201 is amended to read:
876  17E-2-201 (Effective 07/01/26). Criminal justice coordinating councils --
877     Creation -- Strategic plan -- Reporting requirements.
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878    (1)(a) Beginning January 1, 2023, a county shall:
879  (i) create a criminal justice coordinating council; or
880  (ii) jointly with another county or counties, create a criminal justice coordinating
881  council.
882        (b) The purpose of a council is to coordinate and improve components of the criminal
883  justice system in the county or counties.
884    (2)(a) A council shall include:
885  (i) one county commissioner or county council member;
886  (ii) the county sheriff or the sheriff's designee;
887  (iii) one chief of police of a municipality within the county or the chief's designee;
888  (iv) the county attorney or the attorney's designee;
889  (v) one public defender or attorney who provides public defense within the county;
890  (vi) one district court judge;
891  (vii) one justice court judge;
892  (viii) one representative from the Division of Adult Probation and Parole created in
893  Section 64-14-202;
894  (ix) one representative from the local mental health authority within the county; and
895  (x) one individual who is:
896  (A) a crime victim; or
897  (B) a victim advocate, as defined in Section 77-38-403.
898        (b) A council may include:
899  (i) an individual representing:
900  (A) local government;
901  (B) human services programs;
902  (C) higher education;
903  (D) peer support services;
904  (E) workforce services;
905  (F) local housing services;
906  (G) mental health or substance use disorder providers;
907  (H) a health care organization within the county;
908  (I) a local homeless council;
909  (J) family counseling and support groups; or
910  (K) organizations that work with families of incarcerated individuals; or
911  (ii) an individual with lived experiences in the criminal justice system.
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912     (3)(a) A member who is an elected county official shall serve as chair of the council.
913  (b) The council shall elect the member to serve as chair under Subsection (3)(a).
914     (4)(a) A council shall develop and implement a strategic plan for the county's or
915  counties' criminal justice system that includes:
916  (i) mapping of all systems, resources, assets, and services within the county's or
917  counties' criminal justice system;
918  (ii) a plan for data sharing across the county's or counties' criminal justice system;
919  (iii) recidivism reduction objectives; and
920  (iv) community reintegration goals, including identifying strategies for connecting
921  county residents who are on probation, parole, or leaving jail or prison, including
922  those under the custody of the Division of Juvenile Justice and Youth Services,
923  with county-based housing, employment, mental health services, substance use
924  treatment, and related resources.
925  (b) The [commission] department may assist a council in the development of a strategic
926  plan.
927     (5) As part of the council's duties described in Subsection (4)(a)(i), the council shall prepare
928  a list of private probation providers for a court to provide to defendants as described in
929  Section 77-18-105.
930     (6) Before November 30 of each year, a council shall provide a written report to the [
931  commission] department regarding:
932  (a) the implementation of a strategic plan described in Subsection (4); and
933  (b) any data on the impact of the council on the criminal justice system in the county or
934  counties.
935  Section 8. Section 20A-2-204 is amended to read:
936  20A-2-204 (Effective 07/01/26). Registering to vote when applying for or
937     renewing a driver license or other qualifying form.
938     (1) As used in this section, "voter registration form" means, when an individual named on a
939  qualifying form, as defined in Section 20A-2-108, answers "yes" to the question
940  described in Subsection 20A-2-108(2)(a)(i), the information on the qualifying form that
941  can be used for voter registration purposes.
942     (2)(a) Except as provided in Subsection (2)(b), a citizen who is qualified to vote may
943  register to vote, and a citizen who is qualified to preregister to vote may preregister to
944  vote, by answering "yes" to the question described in Subsection 20A-2-108(2)(a)(i)
945  and completing the voter registration form.
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946        (b) A citizen who is a program participant in the Safe at Home Program created in
947  Section [77-38-602] 75E-11-102 is not eligible to register to vote as described in
948  Subsection (2)(a), but is eligible to register to vote by any other means described in
949  this part.
950    (3) The Driver License Division shall:
951        (a) assist an individual in completing the voter registration form unless the individual
952  refuses assistance;
953        (b) electronically transmit each address change to the lieutenant governor on or before
954  the first business day that is at least five calendar days after the day on which the
955  division receives the address change; and
956        (c) on or before the first business day that is at least five calendar days after the day on
957  which the division receives a voter registration form, electronically transmit the form
958  to the Office of the Lieutenant Governor, including the following for the individual
959  named on the form:
960  (i) the name, date of birth, driver license or state identification card number, last four
961  digits of the social security number, Utah residential address, place of birth, and
962  signature;
963  (ii) a mailing address, if different from the individual's Utah residential address;
964  (iii) an email address and phone number, if available;
965  (iv) the desired political affiliation, if indicated;
966  (v) an indication of whether the individual requested that the individual's voter
967  registration record be classified as a private record under Subsection
968  20A-2-108(2)(b); and
969  (vi) a withholding request form described in Subsections 20A-2-104(7) and (8) and
970  any verification submitted with the form.
971    (4) Upon receipt of an individual's voter registration form from the Driver License Division
972        under Subsection (3), the lieutenant governor shall:
973        (a) enter the information into the statewide voter registration database; and
974        (b) if the individual requests on the individual's voter registration form that the
975  individual's voter registration record be classified as a private record or the individual
976  submits a withholding request form described in Subsections 20A-2-104(7) and (8)
977  and any required verification, classify the individual's voter registration record as a
978  private record.
979    (5) The county clerk of an individual whose information is entered into the statewide voter
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 980  registration database under Subsection (4) shall:
 981  (a) ensure that the individual meets the qualifications to be registered or preregistered to
 982  vote; and
 983  (b)(i) if the individual meets the qualifications to be registered to vote:
 984  (A) ensure that the individual is assigned to the proper voting precinct; and
 985  (B) send the individual the notice described in Section 20A-2-304; or
 986  (ii) if the individual meets the qualifications to be preregistered to vote, process the
 987  form in accordance with the requirements of Section 20A-2-101.1.
 988     (6)(a) When the county clerk receives a correctly completed voter registration form
 989  under this section, the clerk shall:
 990  (i) comply with the applicable provisions of this Subsection (6); or
 991  (ii) if the individual is preregistering to vote, comply with Section 20A-2-101.1.
 992  (b) If the county clerk receives a correctly completed voter registration form under this
 993  section no later than 5 p.m. or, if submitting the form electronically, midnight, 11
 994  calendar days before the date of an election, the county clerk shall:
 995  (i) accept the voter registration form; and
 996  (ii) unless the individual is preregistering to vote:
 997  (A) enter the individual's name on the list of registered voters for the voting
 998  precinct in which the individual resides; and
 999  (B) notify the individual that the individual is registered to vote in the upcoming
1000  election; and
1001  (iii) if the individual named in the form is preregistering to vote, comply with Section
1002  20A-2-101.1.
1003  (c) If the county clerk receives a correctly completed voter registration form under this
1004  section after the deadline described in Subsection (6)(b), the county clerk shall,
1005  unless the individual named in the form is preregistering to vote:
1006  (i) accept the application for registration of the individual;
1007  (ii) process the voter registration form; and
1008  (iii) unless the individual is preregistering to vote, and except as provided in
1009  Subsection 20A-2-207(6), inform the individual that the individual will not be
1010  registered to vote in the pending election, unless the individual registers to vote by
1011  provisional ballot during the early voting period, if applicable, or on election day,
1012  in accordance with Section 20A-2-207.
1013     (7)(a) If the county clerk determines that an individual's voter registration form received
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1014        from the Driver License Division is incorrect because of an error, because the form is
1015        incomplete, or because the individual does not meet the qualifications to be registered
1016        to vote, the county clerk shall mail notice to the individual stating that the individual
1017        has not been registered or preregistered because of an error, because the registration
1018        form is incomplete, or because the individual does not meet the qualifications to be
1019        registered to vote.
1020        (b) If a county clerk believes, based upon a review of a voter registration form, that an
1021  individual, who knows that the individual is not legally entitled to register or
1022  preregister to vote, may be intentionally seeking to register or preregister to vote, the
1023  county clerk shall refer the form to the county attorney for investigation and possible
1024  prosecution.
1025  Section 9. Section 26A-1-114 is amended to read:
1026  26A-1-114 (Effective 07/01/26). Powers and duties of departments.
1027    (1) Subject to Subsections (7), (8), and (10), a local health department may:
1028        (a) subject to the provisions in Section 26A-1-108, enforce state laws, local ordinances,
1029  department rules, and local health department standards and regulations relating to
1030  public health and sanitation, including the plumbing code administered by the
1031  Division of Professional Licensing under Title 15A, Chapter 1, Part 2, State
1032  Construction Code Administration Act, and under Title 26B, Chapter 7, Part 4,
1033  General Sanitation and Food Safety, in all incorporated and unincorporated areas
1034  served by the local health department;
1035        (b) establish, maintain, and enforce isolation and quarantine, over an individual in
1036  accordance with an order of restriction issued under Title 26B, Chapter 7, Part 3,
1037  Treatment, Isolation, and Quarantine Procedures for Communicable Diseases;
1038        (c) establish and maintain medical, environmental, occupational, and other laboratory
1039  services considered necessary or proper for the protection of the public health;
1040        (d) establish and operate reasonable health programs or measures not in conflict with
1041  state law which:
1042  (i) are necessary or desirable for the promotion or protection of the public health and
1043  the control of disease; or
1044  (ii) may be necessary to ameliorate the major risk factors associated with the major
1045  causes of injury, sickness, death, and disability in the state;
1046        (e) close theaters, schools, and other public places and prohibit gatherings of people
1047  when necessary to protect the public health;
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1048  (f) exercise physical control of property to abate nuisances or eliminate sources of filth
1049  and infectious and communicable diseases affecting the public health and bill the
1050  owner or other person in charge of the premises upon which this nuisance occurs for
1051  the cost of abatement;
1052  (g) make necessary sanitary and health investigations and inspections on the local health
1053  department's own initiative or in cooperation with the Department of Health and
1054  Human Services or the Department of Environmental Quality, or both, as to any
1055  matters affecting the public health;
1056  (h) [pursuant to] in accordance with county ordinance or interlocal agreement:
1057  (i) establish and collect appropriate fees for the performance of services and
1058  operation of authorized or required programs and duties;
1059  (ii) accept, use, and administer all federal, state, or private donations or grants of
1060  funds, property, services, or materials for public health purposes; and
1061  (iii) make agreements not in conflict with state law which are conditional to receiving
1062  a donation or grant;
1063  (i) prepare, publish, and disseminate information necessary to inform and advise the
1064  public concerning:
1065  (i) the health and wellness of the population, specific hazards, and risk factors that
1066  may adversely affect the health and wellness of the population; and
1067  (ii) specific activities individuals and institutions can engage in to promote and
1068  protect the health and wellness of the population;
1069  (j) investigate the causes of morbidity and mortality;
1070  (k) issue notices and orders necessary to carry out this part;
1071  (l) conduct studies to identify injury problems, establish injury control systems, develop
1072  standards for the correction and prevention of future occurrences, and provide public
1073  information and instruction to special high risk groups;
1074  (m) cooperate with boards created under Section 19-1-106 to enforce laws and rules
1075  within the jurisdiction of the boards;
1076  (n) cooperate with the state health department, the Department of Corrections, the
1077  Administrative Office of the Courts, the Division of Juvenile Justice and Youth
1078  Services, and the [Utah ]Office for Victims of Crime to conduct testing for HIV
1079  infection of alleged sexual offenders, convicted sexual offenders, and any victims of
1080  a sexual offense;
1081  (o) investigate suspected bioterrorism and disease [pursuant to] in accordance with
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1082  Section 26B-7-321;
1083        (p) provide public health assistance in response to a national, state, or local emergency, a
1084  public health emergency as defined in Section 26B-7-301, or a declaration by the [
1085  President] president of the United States or other federal official requesting public
1086  health-related activities; and
1087        (q) when conducting routine inspections of businesses regulated by the local health
1088  department, notify the Department of Agriculture and Food of a potential violation of
1089  Title 4, Chapter 41, Hemp and Cannabinoid Act.
1090    (2) The local health department shall:
1091        (a) establish programs or measures to promote and protect the health and general
1092  wellness of the people within the boundaries of the local health department;
1093        (b) investigate infectious and other diseases of public health importance and implement
1094  measures to control the causes of epidemic and communicable diseases and other
1095  conditions significantly affecting the public health which may include involuntary
1096  testing of alleged sexual offenders for the HIV infection [pursuant to] in accordance
1097  with Section 53-10-802 and voluntary testing of victims of sexual offenses for HIV
1098  infection [pursuant to] in accordance with Section 53-10-803;
1099        (c) cooperate with the department in matters pertaining to the public health and in the
1100  administration of state health laws;
1101        (d) enter into a cooperative agreement with the Department of Environmental Quality as
1102  described in Subsection 19-1-201(1)(c); and
1103        (e) investigate a report made in accordance with Section 59-14-811 to determine
1104  whether a product is sold in violation of law.
1105    (3) The local health department has the following duties regarding public and private
1106        schools within the local health department's boundaries:
1107        (a) enforce all ordinances, standards, and regulations pertaining to the public health of [
1108  persons] individuals attending public and private schools;
1109        (b) exclude from school attendance [any person, including teachers] an individual,
1110  including a teacher, who is suffering from any communicable or infectious disease,
1111  whether acute or chronic, if the [person] individual is likely to convey the disease to
1112  those in attendance; and
1113        (c)(i) make regular inspections of the health-related condition of all school buildings
1114  and premises;
1115  (ii) report the inspections on forms furnished by the department to those responsible
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1116  for the condition and provide instructions for correction of any conditions that
1117  impair or endanger the health or life of those attending the schools; and
1118  (iii) provide a copy of the report to the department at the time the report is made.
1119     (4) If those responsible for the health-related condition of the school buildings and premises
1120  do not carry out any instructions for corrections provided in a report described in
1121  Subsection (3)(c), the local health board shall cause the conditions to be corrected at the
1122  expense of the persons responsible.
1123     (5) The local health department may exercise incidental authority as necessary to carry out
1124  the provisions and purposes of this part.
1125     (6) This part does not authorize a local health department to:
1126  (a) require the installation or maintenance of a carbon monoxide detector in a residential
1127  dwelling against anyone other than the occupant of the dwelling; or
1128  (b) control the production, processing, distribution, or sale price of local food in
1129  response to a public health emergency.
1130     (7)(a) Except as provided in Subsection (7)(c), a local health department may not declare
1131  a public health emergency until the local health department has provided notice of the
1132  proposed action to the chief executive officer of the relevant county no later than 24
1133  hours before the local health department issues the order or declaration.
1134  (b) The local health department:
1135  (i) shall provide the notice required by Subsection (7)(a) using the best available
1136  method under the circumstances as determined by the local health department;
1137  (ii) may provide the notice required by Subsection (7)(a) in electronic format; and
1138  (iii) shall provide the notice in written form, if practicable.
1139  (c)(i) Notwithstanding Subsection (7)(a), a local health department may declare a
1140  public health emergency without approval of the chief executive officer of the
1141  relevant county if the passage of time necessary to obtain approval of the chief
1142  executive officer of the relevant county as required in Subsection (7)(a) would
1143  substantially increase the likelihood of loss of life due to an imminent threat.
1144  (ii) If a local health department declares a public health emergency as described in
1145  Subsection (7)(c)(i), the local health department shall notify the chief executive
1146  officer of the relevant county before declaring a public health emergency.
1147  (iii) The chief executive officer of the relevant county may terminate a declaration of
1148  a public health emergency as described in Subsection (7)(c)(i) within 72 hours of
1149  declaration of the public health emergency.
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1150        (d)(i) The relevant county governing body may at any time terminate a public health
1151  emergency issued by the local health department by majority vote of the county
1152  governing body.
1153  (ii) A vote by the relevant county governing body to terminate a public health
1154  emergency as described in Subsection (7)(d)(i) is not subject to veto by the
1155  relevant chief executive officer.
1156    (8)(a) Except as provided in Subsection (8)(b), a public health emergency declared by a
1157        local health department expires at the earliest of:
1158  (i) the local health department or the chief executive officer of the relevant county
1159  finding that the threat or danger has passed or the public health emergency
1160  reduced to the extent that emergency conditions no longer exist;
1161  (ii) 30 days after the date on which the local health department declared the public
1162  health emergency; or
1163  (iii) the day on which the public health emergency is terminated by majority vote of
1164  the county governing body.
1165        (b)(i) The relevant county legislative body, by majority vote, may extend a public
1166  health emergency for a time period designated by the county legislative body.
1167  (ii) If the county legislative body extends a public health emergency as described in
1168  Subsection (8)(b)(i), the public health emergency expires on the date designated
1169  by the county legislative body.
1170        (c) Except as provided in Subsection (8)(d), if a public health emergency declared by a
1171  local health department expires as described in Subsection (8)(a), the local health
1172  department may not declare a public health emergency for the same illness or
1173  occurrence that precipitated the previous public health emergency declaration.
1174        (d)(i) Notwithstanding Subsection (8)(c), subject to Subsection (8)(f), if the local
1175  health department finds that exigent circumstances exist, after providing notice to
1176  the county legislative body, the department may declare a new public health
1177  emergency for the same illness or occurrence that precipitated a previous public
1178  health emergency declaration.
1179  (ii) A public health emergency declared as described in Subsection (8)(d)(i) expires
1180  in accordance with Subsection (8)(a) or (b).
1181        (e) For a public health emergency declared by a local health department under this
1182  chapter or under Title 26B, Chapter 7, Part 3, Treatment, Isolation, and Quarantine
1183  Procedures for Communicable Diseases, the Legislature may terminate by joint
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1184  resolution a public health emergency that was declared based on exigent
1185  circumstances or that has been in effect for more than 30 days.
1186  (f) If the Legislature or county legislative body terminates a public health emergency
1187  declared due to exigent circumstances as described in Subsection (8)(d)(i), the local
1188  health department may not declare a new public health emergency for the same
1189  illness, occurrence, or exigent circumstances.
1190     (9)(a) During a public health emergency declared as described in this title, the
1191  department or a local health department may not issue a public health order or
1192  impose or implement a regulation that substantially burdens an individual's exercise
1193  of religion unless the department or local health department demonstrates that the
1194  application of the burden to the individual:
1195  (i) is in furtherance of a compelling government interest; and
1196  (ii) is the least restrictive means of furthering that compelling government interest.
1197  (b) Notwithstanding Subsection (9)(a), the department or a local health department shall
1198  allow reasonable accommodations for an individual to perform or participate in a
1199  religious practice or rite.
1200     (10) A local health department may not:
1201  (a) require a person to obtain an inspection, license, or permit from the local health
1202  department to engage in a practice described in Subsection 58-11a-304(5);
1203  (b) prevent or limit a person's ability to engage in a practice described in Subsection
1204  58-11a-304(5) by:
1205  (i) requiring the person to engage in the practice at a specific location or at a
1206  particular type of facility or location; or
1207  (ii) enforcing a regulation applicable to a facility or location where the person
1208  chooses to engage in the practice; or
1209  (c) issue an order of constraint under any circumstance.
1210  Section 10. Section 26B-1-202 is amended to read:
1211  26B-1-202 (Effective 07/01/26). Department authority and duties.
1212     (1) As used in this section, "public funds" means the same as that term is defined in Section
1213  26B-5-101.
1214     (2) The department may, subject to applicable restrictions in state law and in addition to all
1215  other authority and responsibility granted to the department by law:
1216  (a) adopt rules, in accordance with Title 63G, Chapter 3, Utah Administrative
1217  Rulemaking Act, and not inconsistent with law, as the department may consider
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1218  necessary or desirable for providing health and social services to the people of this
1219  state;
1220        (b) establish and manage client trust accounts in the department's institutions and
1221  community programs, at the request of the client or the client's legal guardian or
1222  representative, or in accordance with federal law;
1223        (c) purchase, as authorized or required by law, services that the department is
1224  responsible to provide for legally eligible persons;
1225        (d) conduct adjudicative proceedings for clients and providers in accordance with the
1226  procedures of Title 63G, Chapter 4, Administrative Procedures Act;
1227        (e) establish eligibility standards for the department's programs, not inconsistent with
1228  state or federal law or regulations;
1229        (f) take necessary steps, including legal action, to recover money or the monetary value
1230  of services provided to a recipient who was not eligible;
1231        (g) set and collect fees for the department's services;
1232        (h) license agencies, facilities, and programs, except as otherwise allowed, prohibited, or
1233  limited by law;
1234        (i) acquire, manage, and dispose of any real or personal property needed or owned by
1235  the department, not inconsistent with state law;
1236        (j) receive gifts, grants, devises, and donations; gifts, grants, devises, donations, or the
1237  proceeds thereof, may be credited to the program designated by the donor, and may
1238  be used for the purposes requested by the donor, as long as the request conforms to
1239  state and federal policy; all donated funds shall be considered private, nonlapsing
1240  funds and may be invested under guidelines established by the state treasurer;
1241        (k) accept and employ volunteer labor or services; the department is authorized to
1242  reimburse volunteers for necessary expenses, when the department considers that
1243  reimbursement to be appropriate;
1244        (l) carry out the responsibility assigned in the workforce services plan by the State
1245  Workforce Development Board;
1246        (m) carry out the responsibility assigned by Section 26B-1-430 with respect to
1247  coordination of services for students with a disability;
1248        (n) provide training and educational opportunities for the department's staff;
1249        (o) collect child support payments and any other money due to the department;
1250        (p) apply the provisions of Title 81, Chapter 6, Child Support, and Title 81, Chapter 7,
1251  Payment and Enforcement of Spousal and Child Support, to parents whose child lives
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1252  out of the home in a department licensed or certified setting;
1253  (q) establish policy and procedures, within appropriations authorized by the Legislature,
1254  in cases where the Division of Child and Family Services or the Division of Juvenile
1255  Justice and Youth Services is given custody of a minor by the juvenile court under
1256  Title 80, Utah Juvenile Code, or the department is ordered to prepare an attainment
1257  plan for a minor found not competent to proceed under Section 80-6-403, including:
1258  (i) designation of interagency teams for each juvenile court district in the state;
1259  (ii) delineation of assessment criteria and procedures;
1260  (iii) minimum requirements, and timeframes, for the development and
1261  implementation of a collaborative service plan for each minor placed in
1262  department custody; and
1263  (iv) provisions for submittal of the plan and periodic progress reports to the court;
1264  (r) carry out the responsibilities assigned to the department by statute;
1265  (s) as further provided in Subsection (3), examine and audit the expenditures of any
1266  public funds provided to a local health department, a local substance abuse authority,
1267  a local mental health authority, a local area agency on aging, and any person, agency,
1268  or organization that contracts with or receives funds from those authorities or
1269  agencies;
1270  (t) in accordance with Subsection 26B-2-104(1)(d), accredit one or more agencies and
1271  persons to provide intercountry adoption services;
1272  (u) within legislative appropriations, promote and develop a system of care and
1273  stabilization services:
1274  (i) in compliance with Title 63G, Chapter 6a, Utah Procurement Code; and
1275  (ii) that encompasses the department, department contractors, and the divisions,
1276  offices, or institutions within the department, to:
1277  (A) navigate services, funding resources, and relationships to the benefit of the
1278  children and families whom the department serves;
1279  (B) centralize department operations, including procurement and contracting;
1280  (C) develop policies that govern business operations and that facilitate a system of
1281  care approach to service delivery;
1282  (D) allocate resources that may be used for the children and families served by the
1283  department or the divisions, offices, or institutions within the department,
1284  subject to the restrictions in Section 63J-1-206;
1285  (E) create performance-based measures for the provision of services; and
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1286  (F) centralize other business operations, including data matching and sharing
1287  among the department's divisions, offices, and institutions;
1288        (v) ensure that any training or certification required of a public official or public
1289  employee, as those terms are defined in Section 63G-22-102, complies with Title
1290  63G, Chapter 22, State Training and Certification Requirements, if the training or
1291  certification is required:
1292  (i) under this title;
1293  (ii) by the department; or
1294  (iii) by an agency or division within the department;
1295        (w) enter into cooperative agreements with the Department of Environmental Quality to
1296  delineate specific responsibilities to assure that assessment and management of risk
1297  to human health from the environment are properly administered;
1298        (x) consult with the Department of Environmental Quality and enter into cooperative
1299  agreements, as needed, to ensure efficient use of resources and effective response to
1300  potential health and safety threats from the environment, and to prevent gaps in
1301  protection from potential risks from the environment to specific individuals or
1302  population groups;
1303        (y) to the extent authorized under state law or required by federal law, promote and
1304  protect the health and wellness of the people within the state;
1305        (z) establish, maintain, and enforce rules authorized under state law or required by
1306  federal law to promote and protect the public health or to prevent disease and illness;
1307        (aa) investigate the causes of epidemic, infectious, communicable, and other diseases
1308  affecting the public health;
1309        (bb) provide for the detection and reporting of communicable, infectious, acute, chronic,
1310  or any other disease or health hazard which the department considers to be
1311  dangerous, important, or likely to affect the public health;
1312        (cc) collect and report information on causes of injury, sickness, death, and disability
1313  and the risk factors that contribute to the causes of injury, sickness, death, and
1314  disability within the state;
1315        (dd) collect, prepare, publish, and disseminate information to inform the public
1316  concerning the health and wellness of the population, specific hazards, and risks that
1317  may affect the health and wellness of the population and specific activities which
1318  may promote and protect the health and wellness of the population;
1319        (ee) abate nuisances when necessary to eliminate sources of filth and infectious and
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1320  communicable diseases affecting the public health;
1321  (ff) make necessary sanitary and health investigations and inspections in cooperation
1322  with local health departments as to any matters affecting the public health;
1323  (gg) establish laboratory services necessary to support public health programs and
1324  medical services in the state;
1325  (hh) establish and enforce standards for laboratory services which are provided by any
1326  laboratory in the state when the purpose of the services is to protect the public health;
1327  (ii) cooperate with the Labor Commission to conduct studies of occupational health
1328  hazards and occupational diseases arising in and out of employment in industry, and
1329  make recommendations for elimination or reduction of the hazards;
1330  (jj) cooperate with the local health departments, the Department of Corrections, the
1331  Administrative Office of the Courts, the Division of Juvenile Justice and Youth
1332  Services, and the [Utah ]Office for Victims of Crime to conduct testing for HIV
1333  infection of alleged sexual offenders, convicted sexual offenders, and any victims of
1334  a sexual offense;
1335  (kk) investigate the causes of maternal and infant mortality;
1336  (ll) establish, maintain, and enforce a procedure requiring the blood of adult pedestrians
1337  and drivers of motor vehicles killed in highway accidents be examined for the
1338  presence and concentration of alcohol, and provide the [Commissioner of Public
1339  Safety] commissioner of public safety with monthly statistics reflecting the results of
1340  these examinations, with necessary safeguards so that information derived from the
1341  examinations is not used for a purpose other than the compilation of these statistics;
1342  (mm) establish a uniform public health program throughout the state which includes
1343  continuous service, employment of qualified employees, and a basic program of
1344  disease control, vital and health statistics, sanitation, public health nursing, and other
1345  preventive health programs necessary or desirable for the protection of public health;
1346  (nn) conduct health planning for the state;
1347  (oo) monitor the costs of health care in the state and foster price competition in the
1348  health care delivery system;
1349  (pp) establish methods or measures for health care providers, public health entities, and
1350  health care insurers to coordinate among themselves to verify the identity of the
1351  individuals the providers serve;
1352  (qq) designate Alzheimer's disease and related dementia as a public health issue and,
1353  within budgetary limitations, implement a state plan for Alzheimer's disease and
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1354  related dementia by incorporating the plan into the department's strategic planning
1355  and budgetary process;
1356        (rr) coordinate with other state agencies and other organizations to implement the state
1357  plan for Alzheimer's disease and related dementia;
1358        (ss) ensure that any training or certification required of a public official or public
1359  employee, as those terms are defined in Section 63G-22-102, complies with Title
1360  63G, Chapter 22, State Training and Certification Requirements, if the training or
1361  certification is required by the agency or under this [Title 26B, Utah Health and
1362  Human Services Code;] title;
1363        (tt) oversee public education vision screening as described in Section 53G-9-404;
1364        (uu) issue code blue alerts in accordance with Title 35A, Chapter 16, Part 7, Code Blue
1365  Alert; and
1366        (vv) as allowed by state and federal law, share data with the Office of Families that is
1367  relevant to the duties described in Subsection 26B-1-243(4), which may include, to
1368  the extent available:
1369  (i) demographic data concerning family structures in the state; and
1370  (ii) data regarding the family structure associated with:
1371  (A) suicide, depression, or anxiety; and
1372  (B) various health outcomes.
1373    (3)(a) Under Subsection (2)(s), those local departments, local authorities, area agencies,
1374        and any person or entity that contracts with or receives funds from those departments,
1375        authorities, or area agencies, shall provide the department with any information the
1376        department considers necessary.
1377        (b) The department is further authorized to issue directives resulting from any
1378  examination or audit to a local department, local authority, an area agency, and
1379  persons or entities that contract with or receive funds from those departments,
1380  authorities, or agencies with regard to any public funds.
1381        (c) If the department determines that it is necessary to withhold funds from a local health
1382  department, local mental health authority, or local substance abuse authority based on
1383  failure to comply with state or federal law, policy, or contract provisions, the
1384  department may take steps necessary to ensure continuity of services.
1385  Section 11. Section 26B-5-102 is amended to read:
1386  26B-5-102 (Effective 07/01/26). Division of Integrated Healthcare -- Office of
1387    Substance Use and Mental Health -- Creation -- Responsibilities.
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1388     (1)(a) The Division of Integrated Healthcare shall exercise responsibility over the
1389  policymaking functions, regulatory and enforcement powers, rights, duties, and
1390  responsibilities outlined in state law that were previously vested in the Division of
1391  Substance Abuse and Mental Health within the department, under the administration
1392  and general supervision of the executive director.
1393  (b) The division is the substance abuse authority and the mental health authority for this
1394  state.
1395  (c) There is created the Office of Substance Use and Mental Health within the division.
1396  (d) The office shall exercise the responsibilities, powers, rights, duties, and
1397  responsibilities assigned to the office by the executive director.
1398     (2) The division shall:
1399  (a) educate the general public regarding the nature and consequences of substance use by
1400  promoting school and community-based prevention programs;
1401  (b) render support and assistance to public schools through approved school-based
1402  substance abuse education programs aimed at prevention of substance use;
1403  (c) promote or establish programs for the prevention of substance use within the
1404  community setting through community-based prevention programs;
1405  (d) cooperate with and assist treatment centers, recovery residences, and other
1406  organizations that provide services to individuals recovering from a substance use
1407  disorder, by identifying and disseminating information about effective practices and
1408  programs;
1409  (e) promote integrated programs that address an individual's substance use, mental
1410  health, and physical health;
1411  (f) establish and promote an evidence-based continuum of screening, assessment,
1412  prevention, treatment, and recovery support services in the community for
1413  individuals with a substance use disorder or mental illness;
1414  (g) evaluate the effectiveness of programs described in this Subsection (2);
1415  (h) consider the impact of the programs described in this Subsection (2) on:
1416  (i) emergency department utilization;
1417  (ii) jail and prison populations;
1418  (iii) the homeless population; and
1419  (iv) the child welfare system;
1420  (i) promote or establish programs for education and certification of instructors to educate
1421  individuals convicted of driving under the influence of alcohol or drugs or driving
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1422  with any measurable controlled substance in the body;
1423        (j) collect and disseminate information pertaining to mental health;
1424        (k) provide direction over the state hospital including approval of the state hospital's
1425  budget, administrative policy, and coordination of services with local service plans;
1426        (l) make rules in accordance with Title 63G, Chapter 3, Utah Administrative
1427  Rulemaking Act, to educate families concerning mental illness and promote family
1428  involvement, when appropriate, and with patient consent, in the treatment program of
1429  a family member;
1430        (m) make rules in accordance with Title 63G, Chapter 3, Utah Administrative
1431  Rulemaking Act, to direct that an individual receiving services through a local mental
1432  health authority or the Utah State Hospital be informed about and, if desired by the
1433  individual, provided assistance in the completion of a declaration for mental health
1434  treatment in accordance with Section 26B-5-313;
1435        (n) make rules in accordance with Title 63G, Chapter 3, Utah Administrative
1436  Rulemaking Act, that:
1437  (i) certify an adult as a case manager, qualified to provide case management services
1438  within the state;
1439  (ii) establish training and certification requirements;
1440  (iii) specify the types of services each certificate holder is qualified to provide;
1441  (iv) specify the type of supervision under which a certificate holder is required to
1442  operate; and
1443  (v) specify continuing education and other requirements for maintaining or renewing
1444  certification;
1445        (o) consult and coordinate with local substance abuse authorities and local mental health
1446  authorities regarding programs and services;
1447        (p) provide consultation and other assistance to public and private agencies and groups
1448  working on substance use and mental health issues;
1449        (q) promote and establish cooperative relationships with courts, hospitals, clinics,
1450  medical and social agencies, public health authorities, law enforcement agencies,
1451  education and research organizations, and other related groups;
1452        (r) promote or conduct research on substance use and mental health issues, and submit to
1453  the governor and the Legislature recommendations for changes in policy and
1454  legislation;
1455        (s) receive, distribute, and provide direction over public funds for substance use and
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1456  mental health services;
1457  (t) monitor and evaluate programs provided by local substance abuse authorities and
1458  local mental health authorities;
1459  (u) examine expenditures of local, state, and federal funds;
1460  (v) monitor the expenditure of public funds by:
1461  (i) local substance abuse authorities;
1462  (ii) local mental health authorities; and
1463  (iii) in counties where they exist, a private contract provider that has an annual or
1464  otherwise ongoing contract to provide comprehensive substance abuse or mental
1465  health programs or services for the local substance abuse authority or local mental
1466  health authority;
1467  (w) contract with local substance abuse authorities and local mental health authorities to
1468  provide a comprehensive continuum of services that include community-based
1469  services for individuals involved in the criminal justice system, in accordance with
1470  division policy, contract provisions, and the local plan;
1471  (x) contract with private and public entities for special statewide or nonclinical services,
1472  or services for individuals involved in the criminal justice system, according to
1473  division rules;
1474  (y) review and approve each local substance abuse authority's plan and each local mental
1475  health authority's plan in order to ensure:
1476  (i) a statewide comprehensive continuum of substance use services;
1477  (ii) a statewide comprehensive continuum of mental health services;
1478  (iii) services result in improved overall health and functioning;
1479  (iv) a statewide comprehensive continuum of community-based services designed to
1480  reduce criminal risk factors for individuals who are determined to have substance
1481  use or mental illness conditions or both, and who are involved in the criminal
1482  justice system;
1483  (v) compliance, where appropriate, with the certification requirements in Subsection
1484  (2)(gg); and
1485  (vi) appropriate expenditure of public funds;
1486  (z) review and make recommendations regarding each local substance abuse authority's
1487  contract with the local substance abuse authority's provider of substance use
1488  programs and services and each local mental health authority's contract with the local
1489  mental health authority's provider of mental health programs and services to ensure
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1490  compliance with state and federal law and policy;
1491        (aa) monitor and ensure compliance with division rules and contract requirements;
1492        (bb) withhold funds from local substance abuse authorities, local mental health
1493  authorities, and public and private providers for contract noncompliance, failure to
1494  comply with division directives regarding the use of public funds, or for misuse of
1495  public funds or money;
1496        (cc) ensure that the requirements of this part are met and applied uniformly by local
1497  substance abuse authorities and local mental health authorities across the state;
1498        (dd) require each local substance abuse authority and each local mental health authority,
1499  in accordance with Sections 17-77-201 and 17-77-301, to submit a plan to the
1500  division on or before May 15 of each year;
1501        (ee) conduct an annual program audit and review of each local substance abuse authority
1502  and each local substance abuse authority's contract provider, and each local mental
1503  health authority and each local mental health authority's contract provider, including:
1504  (i) a review and determination regarding whether:
1505  (A) public funds allocated to the local substance abuse authority or the local
1506  mental health authorities are consistent with services rendered by the authority
1507  or the authority's contract provider, and with outcomes reported by the
1508  authority's contract provider; and
1509  (B) each local substance abuse authority and each local mental health authority is
1510  exercising sufficient oversight and control over public funds allocated for
1511  substance use disorder and mental health programs and services; and
1512  (ii) items determined by the division to be necessary and appropriate;
1513        (ff) define "prevention" by rule as required under Title 32B, Chapter 2, Part 4, Alcoholic
1514  Beverage and Substance Abuse Enforcement and Treatment Restricted Account Act;
1515        (gg) train and certify an adult as a peer support specialist, qualified to provide peer
1516  supports services to an individual with:
1517  (i) a substance use disorder;
1518  (ii) a mental health disorder;
1519  (iii) a substance use disorder and a mental health disorder;
1520  (iv) certify a person to carry out, as needed, the division's duty to train and certify an
1521  adult as a peer support specialist;
1522  (v) make rules in accordance with Title 63G, Chapter 3, Utah Administrative
1523  Rulemaking Act, that:
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1524  (A) establish training and certification requirements for a peer support specialist;
1525  (B) specify the types of services a peer support specialist is qualified to provide;
1526  (C) specify the type of supervision under which a peer support specialist is
1527  required to operate; and
1528  (D) specify continuing education and other requirements for maintaining or
1529  renewing certification as a peer support specialist; and
1530  (vi) make rules in accordance with Title 63G, Chapter 3, Utah Administrative
1531  Rulemaking Act, that:
1532  (A) establish the requirements for a person to be certified to carry out, as needed,
1533  the division's duty to train and certify an adult as a peer support specialist; and
1534  (B) specify how the division shall provide oversight of a person certified to train
1535  and certify a peer support specialist;
1536  (hh) collaborate with the [State Commission on Criminal and Juvenile Justice]
1537  Department of Criminal Justice to analyze and provide recommendations to the
1538  Legislature regarding:
1539  (i) pretrial services and the resources needed to reduce recidivism;
1540  (ii) county jail and county behavioral health early-assessment resources needed for an
1541  individual convicted of a class A or class B misdemeanor; and
1542  (iii) the replacement of federal dollars associated with drug interdiction law
1543  enforcement task forces that are reduced;
1544  (ii) establish performance goals and outcome measurements for a mental health or
1545  substance use treatment program that is licensed under Chapter 2, Part 1, Human
1546  Services Programs and Facilities, and contracts with the department, including goals
1547  and measurements related to employment and reducing recidivism of individuals
1548  receiving mental health or substance use treatment who are involved with the
1549  criminal justice system;
1550  (jj) collaborate with the Administrative Office of the Courts, the Department of
1551  Corrections, the Department of Workforce Services, and the Board of Pardons and
1552  Parole to collect data on recidivism in accordance with the metrics and requirements
1553  described in Section [63M-7-102] 75E-2-203;
1554  (kk) at the division's discretion, use the data described in Subsection (2)(jj) to make
1555  decisions regarding the use of funds allocated to the division to provide treatment;
1556  (ll) publish the following on the division's website:
1557  (i) the performance goals and outcome measurements described in Subsection (2)(ii);
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1558  and
1559  (ii) a description of the services provided and the contact information for the mental
1560  health and substance use treatment programs described in Subsection (2)(ii) and
1561  residential vocational or life skills programs, as defined in Section 13-53-102;
1562        (mm) consult and coordinate with the Division of Child and Family Services to develop
1563  and manage the operation of a program designed to reduce substance use during
1564  pregnancy and by parents of a newborn child that includes:
1565  (i) providing education and resources to health care providers and individuals in the
1566  state regarding prevention of substance use during pregnancy;
1567  (ii) providing training to health care providers in the state regarding screening of a
1568  pregnant woman or pregnant minor to identify a substance use disorder; and
1569  (iii) providing referrals to pregnant women, pregnant minors, or parents of a newborn
1570  child in need of substance use treatment services to a facility that has the capacity
1571  to provide the treatment services; and
1572        (nn) create training and educational materials regarding recognizing a drug overdose.
1573    (3) In addition to the responsibilities described in Subsection (2), the division shall, within
1574        funds appropriated by the Legislature for this purpose, implement and manage the
1575        operation of a firearm safety and suicide prevention program, in consultation with the
1576        Bureau of Criminal Identification created in Section 53-10-201, including:
1577        (a) coordinating with local mental health and substance abuse authorities, a nonprofit
1578  behavioral health advocacy group, and a representative from a Utah-based nonprofit
1579  organization with expertise in the field of firearm use and safety that represents
1580  firearm owners, to:
1581  (i) produce and periodically review and update a firearm safety brochure and other
1582  educational materials with information about the safe handling and use of firearms
1583  that includes:
1584  (A) information on safe handling, storage, and use of firearms in a home
1585  environment;
1586  (B) information about at-risk individuals and individuals who are legally
1587  prohibited from possessing firearms;
1588  (C) information about suicide prevention awareness; and
1589  (D) information about the availability of firearm safety packets;
1590  (ii) procure cable-style gun locks for distribution under this section;
1591  (iii) produce a firearm safety packet that includes the firearm safety brochure and the
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1592  cable-style gun lock described in this Subsection (3); and
1593  (iv) create a suicide prevention education course that:
1594  (A) provides information for distribution regarding firearm safety education;
1595  (B) incorporates current information on how to recognize suicidal behaviors and
1596  identify individuals who may be suicidal; and
1597  (C) provides information regarding crisis intervention resources;
1598  (b) distributing, free of charge, the firearm safety packet to the following persons, who
1599  shall make the firearm safety packet available free of charge:
1600  (i) health care providers, including emergency rooms;
1601  (ii) mobile crisis outreach teams;
1602  (iii) mental health practitioners;
1603  (iv) other public health suicide prevention organizations;
1604  (v) entities that teach firearm safety courses;
1605  (vi) school districts for use in the seminar, described in Section 53G-9-703, for
1606  parents of students in the school district; and
1607  (vii) firearm dealers to be distributed in accordance with Section 53-5a-602;
1608  (c) creating and administering a rebate program that includes a rebate that offers
1609  between $10 and $200 off the purchase price of a firearm safe from a participating
1610  firearms dealer or a person engaged in the business of selling firearm safes in Utah,
1611  by a Utah resident; and
1612  (d) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
1613  making rules that establish procedures for:
1614  (i) producing and distributing the suicide prevention education course and the firearm
1615  safety brochures and packets;
1616  (ii) procuring the cable-style gun locks for distribution; and
1617  (iii) administering the rebate program.
1618     (4)(a) The division may refuse to contract with and may pursue legal remedies against
1619  any local substance abuse authority or local mental health authority that fails, or has
1620  failed, to expend public funds in accordance with state law, division policy, contract
1621  provisions, or directives issued in accordance with state law.
1622  (b) The division may withhold funds from a local substance abuse authority or local
1623  mental health authority if the authority's contract provider of substance use or mental
1624  health programs or services fails to comply with state and federal law or policy.
1625     (5)(a) Before reissuing or renewing a contract with any local substance abuse authority
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1626        or local mental health authority, the division shall review and determine whether the
1627        local substance abuse authority or local mental health authority is complying with the
1628        oversight and management responsibilities described in Sections 17-77-201,
1629        17-77-203, 17-77-303, and 17-77-307.
1630        (b) Nothing in this Subsection (5) may be used as a defense to the responsibility and
1631  liability described in Section 17-77-303 and to the responsibility and liability
1632  described in Section 17-77-203.
1633    (6) In carrying out the division's duties and responsibilities, the division may not duplicate
1634        treatment or educational facilities that exist in other divisions or departments of the state,
1635        but shall work in conjunction with those divisions and departments in rendering the
1636        treatment or educational services that those divisions and departments are competent and
1637        able to provide.
1638    (7) The division may accept in the name of and on behalf of the state donations, gifts,
1639        devises, or bequests of real or personal property or services to be used as specified by
1640        the donor.
1641    (8) The division shall annually review with each local substance abuse authority and each
1642        local mental health authority the authority's statutory and contract responsibilities
1643        regarding:
1644        (a) use of public funds;
1645        (b) oversight of public funds; and
1646        (c) governance of substance use disorder and mental health programs and services.
1647    (9) The Legislature may refuse to appropriate funds to the division upon the division's
1648        failure to comply with the provisions of this part.
1649    (10) If a local substance abuse authority contacts the division under Section 17-77-201 for
1650        assistance in providing treatment services to a pregnant woman or pregnant minor, the
1651        division shall:
1652        (a) refer the pregnant woman or pregnant minor to a treatment facility that has the
1653  capacity to provide the treatment services; or
1654        (b) otherwise ensure that treatment services are made available to the pregnant woman
1655  or pregnant minor.
1656    (11) The division shall employ a school-based mental health specialist to be housed at the
1657        State Board of Education who shall work with the State Board of Education to:
1658        (a) provide coordination between a local education agency and local mental health
1659  authority;
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1660  (b) recommend evidence-based and evidence informed mental health screenings and
1661  intervention assessments for a local education agency; and
1662  (c) coordinate with the local community, including local departments of health, to
1663  enhance and expand mental health related resources for a local education agency.
1664  Section 12. Section 26B-5-306 is amended to read:
1665  26B-5-306 (Effective 07/01/26). Objectives of state hospital and other facilities --
1666     Individuals who may be admitted to state hospital.
1667     (1) The objectives of the state hospital and other mental health facilities shall be to[ ] :
1668  (a) care for all [persons] individuals within this state who are subject to the provisions of
1669  this chapter; and[ to ]
1670  (b) furnish [them] those individuals with the proper attendance, medical treatment,
1671  seclusion, rest, restraint, amusement, occupation, and support that is conducive to [
1672  their] the individuals' physical and mental well-being.
1673     (2) Only the following [persons] individuals may be admitted to the state hospital:
1674  (a) [persons] individuals 18 years old and older who meet the criteria necessary for
1675  commitment under this part and who have severe mental disorders for whom no
1676  appropriate, less restrictive treatment alternative is available;
1677  (b) [persons] individuals under 18 years old who meet the criteria necessary for
1678  commitment under [Part 4, Commitment of Persons under Age 18] Part 4,
1679  Commitment of Persons Under Age 18, and for whom no less restrictive alternative
1680  is available;
1681  (c) [persons] individuals adjudicated and found to be guilty with a mental condition
1682  under Title 77, Chapter 16a, Commitment and Treatment of Individuals with a
1683  Mental Condition;
1684  (d) [persons] individuals adjudicated and found to be not guilty by reason of insanity
1685  who are under a subsequent commitment order because they have a mental illness
1686  and are a danger to themselves or others, under Section 77-16a-302;
1687  (e) [persons] individuals found incompetent to proceed under Section 77-15-6;
1688  (f) [persons] individuals who require an examination under [Title 77, Utah Code of
1689  Criminal Procedure] Title 77, Criminal Procedure; and
1690  (g) [persons] individuals in the custody of the Department of Corrections, admitted in
1691  accordance with Section 26B-5-372, giving priority to those [persons] individuals
1692  with severe mental disorders.
1693  Section 13. Section 26B-5-380 is amended to read:
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1694  26B-5-380 (Effective 07/01/26). Mental illness and intellectual disability
1695    examinations -- Responsibilities of the department.
1696    (1) In accomplishing the department's duties to conduct a competency evaluation under [
1697        Title 77, Utah Code of Criminal Procedure] Title 77, Chapter 15, Defendant's
1698        Competency to Proceed, and a juvenile competency evaluation under Section 80-6-402,
1699        the department shall proceed as outlined in this section and within appropriations
1700        authorized by the Legislature.
1701    (2) When the department is ordered by a court to conduct a competency evaluation, the
1702        department shall designate a forensic evaluator, selected under Subsection (4), to
1703        evaluate the defendant in the defendant's current custody or status.
1704    (3) When the department is ordered by the juvenile court to conduct a juvenile competency
1705        evaluation under Section 80-6-402, the department shall:
1706        (a) designate an examiner selected [pursuant to] in accordance with Subsection (4) to
1707  evaluate the minor; and
1708        (b) upon a finding of good cause and order of the court, designate a second examiner to
1709  evaluate the minor.
1710    (4)(a) The department shall establish criteria, in consultation with the [Commission on
1711        Criminal and Juvenile Justice] Department of Criminal Justice, and shall contract with
1712        persons to conduct competency evaluations and juvenile competency evaluations
1713        under Subsections (2) and (3)(b).[ ]
1714        (b) In making [this] the selection described in Subsection (4)(a), the department shall
1715  follow the provisions of Title 63G, Chapter 6a, Utah Procurement Code.
1716    (5)(a) Nothing in this section prohibits the department, at the request of defense counsel
1717        or a prosecuting attorney in a criminal proceeding under [Title 77, Utah Code of
1718        Criminal Procedure] Title 77, Criminal Procedure, and for good cause shown, from
1719        proposing a person who has not been previously selected under Subsection (4) to
1720        contract with the department to conduct the evaluation.[ ]
1721        (b) In selecting that person, the criteria of the department established under Subsection
1722  (4) and the provisions of Title 63G, Chapter 6a, Utah Procurement Code, shall be met.
1723  Section 14. Section 26B-5-801 is amended to read:
1724  26B-5-801 (Effective 07/01/26) (Repealed 01/01/33). Definitions -- Creation of
1725    committee -- Membership -- Terms.
1726    (1)(a) As used in this part, "committee" means the Utah Substance Use and Mental
1727        Health Advisory Committee created in this section.
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1728  (b) There is created within the department the Utah Substance Use and Mental Health
1729  Advisory Committee, which serves under the direction of the Utah Behavioral Health
1730  Commission created in Section 26B-5-702.
1731     (2) The committee shall be comprised of the following voting members:
1732  (a) the attorney general or the attorney general's designee;
1733  (b) one elected county official appointed by the Utah Association of Counties;
1734  (c) the commissioner of public safety or the commissioner's designee;
1735  (d) the director of the Division of Integrated Healthcare or the director's designee;
1736  (e) the state superintendent of public instruction or the superintendent's designee;
1737  (f) the executive director of the Department of Health and Human Services or the
1738  executive director's designee;
1739  (g) the [executive director] commissioner of the [State Commission on Criminal and
1740  Juvenile Justice] Department of Criminal Justice or the [executive director's]
1741  commissioner's designee;
1742  (h) the executive director of the Department of Corrections or the executive director's
1743  designee;
1744  (i) the director of the Division of Juvenile Justice and Youth Services or the director's
1745  designee;
1746  (j) the director of the Division of Child and Family Services or the director's designee;
1747  (k) the chair of the Board of Pardons and Parole or the chair's designee;
1748  (l) the director of the Office of Multicultural Affairs or the director's designee;
1749  (m) the director of the Division of Indian Affairs or the director's designee;
1750  (n) the state court administrator or the state court administrator's designee;
1751  (o) one district court judge who presides over a drug court and who is appointed by the
1752  chief justice of the Utah Supreme Court;
1753  (p) one district court judge who presides over a mental health court and who is
1754  appointed by the chief justice of the Utah Supreme Court;
1755  (q) one juvenile court judge who presides over a drug court and who is appointed by the
1756  chief justice of the Utah Supreme Court;
1757  (r) one prosecutor appointed by the Statewide Association of Prosecutors;
1758  (s) the chair or co-chair of each subcommittee established by the committee;
1759  (t) the chair or co-chair of the Statewide Suicide Prevention Committee created under
1760  Subsection 26B-5-611(3);
1761  (u) one representative appointed by the Utah League of Cities and Towns to serve a
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1762  four-year term;
1763        (v) the chair of the [Utah ]Victim Services Commission or the chair's designee;
1764        (w) the superintendent of the Utah State Hospital or the superintendent's designee;
1765        (x) the following members appointed by the governor to serve four-year terms:
1766  (i) one resident of the state who has been personally affected by a substance use or
1767  mental health disorder; and
1768  (ii) one citizen representative; and
1769        (y) in addition to the voting members described in Subsections (2)(a) through (x), the
1770  following voting members appointed by a majority of the members described in
1771  Subsections (2)(a) through (x) to serve four-year terms:
1772  (i) one resident of the state who represents a statewide advocacy organization for
1773  recovery from substance use disorders;
1774  (ii) one resident of the state who represents a statewide advocacy organization for
1775  recovery from mental illness;
1776  (iii) one resident of the state who represents a statewide advocacy organization for
1777  protection of rights of individuals with a disability;
1778  (iv) one resident of the state who represents prevention professionals;
1779  (v) one resident of the state who represents treatment professionals;
1780  (vi) one resident of the state who represents the physical health care field;
1781  (vii) one resident of the state who is a criminal defense attorney;
1782  (viii) one resident of the state who is a military servicemember or military veteran
1783  under Section 53H-11-202;
1784  (ix) one resident of the state who represents local law enforcement agencies;
1785  (x) one representative of private service providers that serve youth with substance use
1786  disorders or mental health disorders; and
1787  (xi) one resident of the state who is certified by the Division of Integrated Healthcare
1788  as a peer support specialist as described in Subsection 26B-5-102(2)(gg).
1789    (3) An individual other than an individual described in Subsection (2) may not be appointed
1790        as a voting member of the committee.
1791  Section 15. Section 32B-4-201 is amended to read:
1792  32B-4-201 (Effective 07/01/26). Applicability of criminal procedure statutes and
1793    rules.
1794       Except as otherwise provided in this title, the procedure in a criminal case arising under
1795    this title is governed by [Title 77, Utah Code of Criminal Procedure] Title 77, Criminal
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1796     Procedure, and any other rules adopted by the Utah Supreme Court.
1797  Section 16. Section 32B-4-301 is amended to read:
1798  32B-4-301 (Effective 07/01/26). Applicability of Title 76, Criminal Offenses.
1799  Except as otherwise provided, Title 76, Chapter 1, General Provisions, Chapter 2,
1800     Principles of Criminal Responsibility, Chapter 3, Punishments, and Chapter 4, Inchoate
1801     Offenses, apply to the prosecution of a criminal offense defined in this chapter or expressly
1802     identified as a criminal offense in this title.
1803  Section 17. Section 36-29-111 is amended to read:
1804  36-29-111 (Effective 07/01/26) (Repealed 07/01/29). Public Safety Data
1805     Management Task Force.
1806     (1) As used in this section:
1807  (a) "Cohabitant abuse protective order" means an order issued with or without notice to
1808  the respondent in accordance with Title 78B, Chapter 7, Part 6, Cohabitant Abuse
1809  Protective Orders.
1810  (b) "Lethality assessment" means an evidence-based assessment that is intended to
1811  identify a victim of domestic violence who is at a high risk of being killed by the
1812  perpetrator.
1813  (c) "Task force" means the Public Safety Data Management Task Force created in this
1814  section.
1815  (d) "Victim" means an individual who is a victim of domestic violence, as defined in
1816  Section 77-36-1.
1817     (2) There is created the Public Safety Data Management Task Force consisting of the
1818  following members:
1819  (a) three members of the Senate appointed by the president of the Senate, no more than
1820  two of whom may be from the same political party;
1821  (b) three members of the House of Representatives appointed by the speaker of the
1822  House of Representatives, no more than two of whom may be from the same political
1823  party; and
1824  (c) representatives from the following organizations as requested by the [executive
1825  director] commissioner of the [State Commission on Criminal and Juvenile Justice]
1826  Department of Criminal Justice:
1827  (i) the [State Commission on Criminal and Juvenile Justice] Department of Criminal
1828  Justice;
1829  (ii) the Judicial Council;
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1830  (iii) the Statewide Association of Prosecutors;
1831  (iv) the Department of Corrections;
1832  (v) the Department of Public Safety;
1833  (vi) the Utah Association of Counties;
1834  (vii) the Utah Chiefs of Police Association;
1835  (viii) the Utah Sheriffs Association;
1836  (ix) the Board of Pardons and Parole;
1837  (x) the Department of Health and Human Services; and
1838  (xi) any other organizations or groups as recommended by the [executive director]
1839  commissioner of the [Commission on Criminal and Juvenile Justice] Department
1840  of Criminal Justice.
1841    (3)(a) The president of the Senate shall designate a member of the Senate appointed
1842        under Subsection (2)(a) as a cochair of the task force.
1843        (b) The speaker of the House of Representatives shall designate a member of the House
1844  of Representatives appointed under Subsection (2)(b) as a cochair of the task force.
1845    (4)(a) A majority of the members of the task force present at a meeting constitutes a
1846        quorum.
1847        (b) The action of a majority of a quorum constitutes an action of the task force.
1848    (5)(a) Salaries and expenses of the members of the task force who are legislators shall be
1849        paid in accordance with Section 36-2-2 and Legislative Joint Rules, Title 5, Chapter
1850        3, Legislator Compensation.
1851        (b) A member of the task force who is not a legislator:
1852  (i) may not receive compensation for the member's work associated with the task
1853  force; and
1854  (ii) may receive per diem and reimbursement for travel expenses incurred as a
1855  member of the task force at the rates established by the Division of Finance under
1856  Sections 63A-3-106 and 63A-3-107.
1857    (6) The [State Commission on Criminal and Juvenile Justice] Department of Criminal Justice
1858        shall provide staff support to the task force.
1859    (7) The task force shall review the state's current criminal justice data collection
1860        requirements and make recommendations regarding:
1861        (a) possible ways to connect the various records systems used throughout the state so
1862  that data can be shared between criminal justice agencies and with policymakers;
1863        (b) ways to automate the collection, storage, and dissemination of the data;
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1864  (c) standardizing the format of data collection and retention;
1865  (d) the collection of domestic violence data in the state; and
1866  (e) the collection of data not already required related to criminal justice.
1867     (8) On or before November 30 of each year, the task force shall provide a report to the Law
1868  Enforcement and Criminal Justice Interim Committee and the Legislative Management
1869  Committee that includes:
1870  (a) recommendations in accordance with Subsection [(7)(a)] (7);
1871  (b) information on:
1872  (i) lethality assessments conducted in the state, including:
1873  (A) the type of lethality assessments used by law enforcement agencies and other
1874  organizations that provide domestic violence services; and
1875  (B) training and protocols implemented by law enforcement agencies and the
1876  organizations described in Subsection (8)(b)(i)(A) regarding the use of lethality
1877  assessments;
1878  (ii) the data collection efforts implemented by law enforcement agencies and the
1879  organizations described in Subsection (8)(b)(i)(A);
1880  (iii) the number of cohabitant abuse protective orders that, in the immediately
1881  preceding calendar year, were:
1882  (A) issued;
1883  (B) amended or dismissed before the date of expiration; or
1884  (C) dismissed under Section 78B-7-605; and
1885  (iv) the prevalence of domestic violence in the state and the prevalence of the
1886  following in domestic violence cases:
1887  (A) stalking;
1888  (B) strangulation;
1889  (C) violence in the presence of a child; and
1890  (D) threats of suicide or homicide;
1891  (c) a review of and feedback on:
1892  (i) lethality assessment training and protocols implemented by law enforcement
1893  agencies and the organizations described in Subsection (8)(b)(i)(A); and
1894  (ii) the collection of domestic violence data in the state, including:
1895  (A) the coordination between state, local, and not-for-profit agencies to collect
1896  data from lethality assessments and on the prevalence of domestic violence,
1897  including the number of voluntary commitments of firearms under Section
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1898  53-5a-502;
1899  (B) efforts to standardize the format for collecting domestic violence and lethality
1900  assessment data from state, local, and not-for-profit agencies within federal
1901  confidentiality requirements; and
1902  (C) the need for any additional data collection requirements or efforts; and
1903        (d) any proposed legislation.
1904  Section 18. Section 41-1a-1101 is amended to read:
1905  41-1a-1101 (Effective 07/01/26). Seizure -- Circumstances where permitted --
1906    Impound lot standards.
1907    (1) As used in this section:
1908        (a)(i) "Criminal offense" means a class B misdemeanor offense, a class A
1909  misdemeanor offense, or a felony offense.
1910  (ii) "Criminal offense" includes:
1911  (A) a class B misdemeanor offense, a class A misdemeanor offense, or a felony
1912  offense described in Chapter 6a, Traffic Code, Title 53, Chapter 3, Part 2,
1913  Driver Licensing Act, Title 73, Chapter 18, State Boating Act, or [Title 76,
1914  Utah Criminal Code] Title 76, Criminal Offenses; and
1915  (B) a local ordinance that is a class B misdemeanor and is substantially similar to
1916  an offense listed in Subsection (1)(a)(ii)(A).
1917        (b) "Operator" means the same as that term is defined in Section 41-6a-102.
1918        (c) "Road rage event" means the commission of a criminal offense:
1919  (i) by an operator of a vehicle;
1920  (ii) in response to an incident that occurs or escalates upon a roadway; and
1921  (iii) with the intent to endanger or intimidate an individual in another vehicle.
1922        (d) "Roadway" means:
1923  (i) a highway; or
1924  (ii) a private road or driveway as defined in Section 41-6a-102.
1925    (2) The division or any peace officer, without a warrant, may seize and take possession of
1926        any vehicle, vessel, or outboard motor:
1927        (a) that the division or the peace officer has probable cause to believe has been stolen;
1928        (b) on which any identification number has been defaced, altered, or obliterated;
1929        (c) that has been abandoned in accordance with Section 41-6a-1408;
1930        (d) for which the applicant has written a check for registration or title fees that has not
1931  been honored by the applicant's bank and that is not paid within 30 days;
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1932  (e) that is placed on the water with improper registration;
1933  (f) that is being operated on a highway:
1934  (i) with registration that has been expired for more than three months;
1935  (ii) having never been properly registered by the current owner; or
1936  (iii) with registration that is suspended or revoked;
1937  (g)(i) that the division or the peace officer has probable cause to believe has been
1938  involved in an accident described in Section 41-6a-401, 41-6a-401.3, or
1939  41-6a-401.5; and
1940  (ii) whose operator did not remain at the scene of the accident until the operator
1941  fulfilled the requirements described in Section 41-6a-401 or 41-6a-401.7; or
1942  (h) if the division or peace officer has probable cause to believe that the operator:
1943  (i) failed to properly display the license plate on a motorcycle as described in Section
1944  41-1a-404.1; or
1945  (ii) [ ]used the motorcycle:
1946  (A) to perform a wheelie in violation of Section 41-6a-606.1; or
1947  (B) to engage in lane splitting in violation of Section 41-6a-704.1.
1948     (3)(a) The division or a peace officer shall seize and take possession of a vehicle,
1949  without a warrant, when:
1950  (i) the division or the peace officer has probable cause to believe that an operator of
1951  the vehicle engaged in a road rage event; and
1952  (ii) the operator of the vehicle has been arrested in conjunction with the road rage
1953  event.
1954  (b) A peace officer may release a vehicle seized and possessed under Subsection (3)(a)
1955  to the registered owner of the vehicle if the registered owner is not the individual
1956  subject to arrest under Subsection (3)(a) and is immediately available, at the location
1957  of the arrest, to take possession of the vehicle.
1958     (4)(a) Subject to the restriction in Subsection (4)(b), the division or any peace officer,
1959  without a warrant:
1960  (i) shall seize and take possession of any vehicle that is being operated on a highway
1961  without owner's or operator's security in effect for the vehicle as required under
1962  Section 41-12a-301 and the vehicle was involved in an accident; or
1963  (ii) may seize and take possession of any vehicle that is being operated on a highway
1964  without owner's or operator's security in effect for the vehicle as required under
1965  Section 41-12a-301 after the division or any peace officer makes a reasonable
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1966  determination whether the vehicle would:
1967  (A) present a public safety concern to the operator or any of the occupants in the
1968  vehicle; or
1969  (B) prevent the division or the peace officer from addressing other public safety
1970  considerations.
1971        (b) The division or any peace officer may not seize and take possession of a vehicle
1972  under Subsection (4)(a):
1973  (i) if the operator of the vehicle is not carrying evidence of owner's or operator's
1974  security as defined in Section 41-12a-303.2 in the vehicle unless the division or
1975  peace officer verifies that owner's or operator's security is not in effect for the
1976  vehicle through the Uninsured Motorist Identification Database created in
1977  accordance with Section 41-12a-803; or
1978  (ii) if the operator of the vehicle is carrying evidence of owner's or operator's security
1979  as defined in Section 41-12a-303.2 in the vehicle and the Uninsured Motorist
1980  Identification Database created in accordance with Section 41-12a-803 indicates
1981  that the owner's or operator's security is not in effect for the vehicle, unless the
1982  division or a peace officer makes a reasonable attempt to independently verify that
1983  owner's or operator's security is not in effect for the vehicle.
1984    (5) If necessary for the transportation of a seized vessel, the vessel's trailer may be seized to
1985        transport and store the vessel.
1986    (6) Any peace officer seizing or taking possession of a vehicle, vessel, or outboard motor
1987        under this section shall comply with the provisions of Section 41-6a-1406.
1988    (7)(a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
1989        the commission shall make rules setting standards for public garages, impound lots,
1990        and impound yards that may be used by peace officers and the division.
1991        (b) The standards shall be equitable, reasonable, and unrestrictive as to the number of
1992  public garages, impound lots, or impound yards per geographical area.
1993        (c) A crusher, dismantler, or salvage dealer may not operate as a state impound yard
1994  unless the crusher, dismantler, or salvage dealer meets all of the requirements for a
1995  state impound yard set forth in this section and rules made in accordance with
1996  Subsection (7)(a).
1997        (d)(i) Rules made by the commission shall include a requirement that a state impound
1998  yard have opaque fencing on any side of the state impound yard that has frontage
1999  with a highway.
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       S.B. 323  Enrolled Copy
2000  (ii) The opaque fencing described in Subsection (7)(d)(i) may be opaque chain link
2001  fencing.
2002     (8)(a) Except as provided under Subsection (8)(b), a person may not operate or allow to
2003  be operated a vehicle stored in a public garage, impound lot, or impound yard
2004  regulated under this part without prior written permission of the owner of the vehicle.
2005  (b) Incidental and necessary operation of a vehicle to move the vehicle from one parking
2006  space to another within the facility and that is necessary for the normal management
2007  of the facility is not prohibited under Subsection (8)(a).
2008     (9) A person who violates the provisions of Subsection (8) is guilty of a class C
2009  misdemeanor.
2010     (10) The division or the peace officer who seizes a vehicle shall record the mileage shown
2011  on the vehicle's odometer at the time of seizure, if:
2012  (a) the vehicle is equipped with an odometer; and
2013  (b) the odometer reading is accessible to the division or the peace officer.
2014  Section 19. Section 41-6a-511 is amended to read:
2015  41-6a-511 (Effective 07/01/26). Courts to collect and maintain data.
2016     (1) The state courts shall collect and maintain data necessary to allow sentencing and
2017  enhancement decisions to be made in accordance with this part.
2018     (2)(a) Each justice court shall transmit dispositions electronically to the Department of
2019  Public Safety in accordance with the requirement for recertification established by
2020  the Judicial Council.
2021  (b) Immediately upon filling the requirements under Subsection (2)(a), a justice court
2022  shall collect and report the same DUI related data elements collected and maintained
2023  by the state courts under Subsection (1).
2024     (3) The department shall maintain an electronic data base for DUI related records and data
2025  including the data elements received or collected from the courts under this section.
2026     (4)(a) The [Commission on Criminal and Juvenile Justice] Department of Criminal
2027  Justice shall prepare an annual report of DUI related data including the following:
2028  (i) the data collected by the courts under Subsections (1) and (2);
2029  (ii) the DUI crash and arrest data collected from law enforcement agencies under
2030  Section 53-10-118 by the Department of Public Safety's Criminal Investigations
2031  and Technical Services Division; and
2032  (iii) any measures for which data are available to evaluate the profile and impacts of
2033  DUI recidivism and to evaluate the DUI related processes of:
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2034  (A) law enforcement;
2035  (B) adjudication;
2036  (C) sanctions;
2037  (D) driver license control; and
2038  (E) alcohol education, assessment, and treatment.
2039        (b) The report shall be provided in writing to the Judiciary Interim Committee and the
2040  Transportation Interim [Committees] Committee no later than the last day of October
2041  following the end of the fiscal year for which the report is prepared.
2042  Section 20. Section 49-11-406 is amended to read:
2043  49-11-406 (Effective 07/01/26). Governor's appointed executives and senior staff
2044    -- Appointed legislative employees -- Transfer of value of accrued defined benefit --
2045    Procedures.
2046    (1) As used in this section:
2047        (a) "Defined benefit balance" means the total amount of the contributions made on
2048  behalf of a member to a defined benefit system plus refund interest.
2049        (b) "Senior staff" means an at-will employee who reports directly to an elected official,
2050  executive director, or director and includes a deputy director and other similar, at-will
2051  employee positions designated by the governor, the speaker of the House of
2052  Representatives, or the president of the Senate and filed with the Division of Human
2053  Resource Management and the Utah State Retirement Office.
2054    (2) In accordance with this section and subject to requirements under federal law and rules
2055        made by the board, a member who has service credit from a system may elect to be
2056        exempt from coverage under a defined benefit system and to have the member's defined
2057        benefit balance transferred from the defined benefit system or plan to a defined
2058        contribution plan in the member's own name if the member is:
2059        (a) the state auditor;
2060        (b) the state treasurer;
2061        (c) an appointed executive under Subsection 67-22-2(1)(a);
2062        (d) an employee in the Governor's Office;
2063        (e) senior staff in the Governor's Office of Planning and Budget;
2064        (f) senior staff in the Governor's Office of Economic Opportunity;
2065        (g) senior staff in the [State Commission on Criminal and Juvenile Justice] Department
2066  of Criminal Justice;
2067        (h) senior staff in the Public Lands Policy Coordinating Office, created in Section
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       S.B. 323  Enrolled Copy
2068  63L-11-201;
2069  (i) a legislative employee appointed under Subsection 36-12-7(3); or
2070  (j) a legislative employee appointed by the speaker of the House of Representatives, the
2071  House of Representatives minority leader, the president of the Senate, or the Senate
2072  minority leader.
2073     (3) An election made under Subsection (2):
2074  (a) is final, and no right exists to make any further election;
2075  (b) is considered a request to be exempt from coverage under a defined benefits system;
2076  and
2077  (c) shall be made on forms provided by the office.
2078     (4) The board shall [adopt] make rules to implement and administer this section.
2079  Section 21. Section 49-12-203 is amended to read:
2080  49-12-203 (Effective 07/01/26). Exclusions from membership in system.
2081     (1) The following employees are not eligible for service credit in this system:
2082  (a) subject to the requirements of Subsection (2), an employee whose employment status
2083  is temporary in nature due to the nature or the type of work to be performed;
2084  (b) except as provided under Subsection (3)(a), an employee of an institution of higher
2085  education who participates in a retirement system with a public or private retirement
2086  system, organization, or company designated by the Utah Board of Higher Education,
2087  or the technical college board of trustees for an employee of each technical college,
2088  during any period in which required contributions based on compensation have been
2089  paid on behalf of the employee by the employer;
2090  (c) an employee serving as an exchange employee from outside the state for an employer
2091  who has not elected to make all of the employer's exchange employees eligible for
2092  service credit in this system;
2093  (d) an executive department head of the state, a member of the State Tax Commission,
2094  the Public Service Commission, and a member of a full-time or part-time board or
2095  commission who files a formal request for exemption;
2096  (e) an employee of the Department of Workforce Services who is covered under another
2097  retirement system allowed under Title 35A, Chapter 4, Employment Security Act;
2098  (f) an employee who is employed on or after July 1, 2009, with an employer that has
2099  elected, [prior to] before July 1, 2009, to be excluded from participation in this system
2100  under Subsection 49-12-202(2)(c);
2101  (g) an employee who is employed on or after July 1, 2014, with an employer that has
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2102  elected, [prior to] before July 1, 2014, to be excluded from participation in this system
2103  under Subsection 49-12-202(2)(d);
2104        (h) an employee who is employed with a withdrawing entity that has elected under
2105  Section 49-11-623, [prior to] before January 1, 2017, to exclude:
2106  (i) new employees from participation in this system under Subsection 49-11-623(3)(a);
2107  or
2108  (ii) all employees from participation in this system under Subsection 49-11-623(3)(b);
2109        (i) an employee described in Subsection (1)(i)(i) or (ii) who is employed with a
2110  withdrawing entity that has elected under Section 49-11-624, before January 1, 2018,
2111  to exclude:
2112  (i) new employees from participation in this system under Subsection 49-11-624(3)(a);
2113  or
2114  (ii) all employees from participation in this system under Subsection 49-11-624(3)(b);
2115        (j) an employee who is employed with a withdrawing entity that has elected under
2116  Section 49-11-625, before July 1, 2022, to exclude all employees from participation
2117  in this system; or
2118        (k) an employee who is employed with a withdrawing entity that elects under Section
2119  49-11-626 to exclude:
2120  (i) new employees from participation in this system under Subsection 49-11-626(3)(a);
2121  or
2122  (ii) all employees from participation in this system under Subsection 49-11-626(3)(b).
2123    (2) If an employee whose status is temporary in nature due to the nature of type of work to
2124        be performed:
2125        (a) is employed for a term that exceeds six months and the employee otherwise qualifies
2126  for service credit in this system, the participating employer shall report and certify to
2127  the office that the employee is a regular full-time employee effective the beginning of
2128  the seventh month of employment; or
2129        (b) was previously terminated [prior to] before being eligible for service credit in this
2130  system and is reemployed within three months of termination by the same
2131  participating employer, the participating employer shall report and certify that the
2132  member is a regular full-time employee when the total of the periods of employment
2133  equals six months and the employee otherwise qualifies for service credits in this
2134  system.
2135    (3)(a) Upon cessation of the participating employer contributions, an employee under
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       S.B. 323  Enrolled Copy
2136  Subsection (1)(b) is eligible for service credit in this system.
2137  (b) Notwithstanding the provisions of Subsection (1)(f), any eligibility for service credit
2138  earned by an employee under this chapter before July 1, 2009, is not affected under
2139  Subsection (1)(f).
2140  (c) Notwithstanding the provisions of Subsection (1)(g), any eligibility for service credit
2141  earned by an employee under this chapter before July 1, 2014, is not affected under
2142  Subsection (1)(g).
2143     (4) Upon filing a written request for exemption with the office, the following employees
2144  shall be exempt from coverage under this system:
2145  (a) a full-time student or the spouse of a full-time student and individuals employed in a
2146  trainee relationship;
2147  (b) an elected official;
2148  (c) an executive department head of the state, a member of the State Tax Commission, a
2149  member of the Public Service Commission, and a member of a full-time or part-time
2150  board or commission;
2151  (d) an employee of the Governor's Office of Planning and Budget;
2152  (e) an employee of the Governor's Office of Economic Opportunity;
2153  (f) an employee of the [Commission on Criminal and Juvenile Justice] Department of
2154  Criminal Justice;
2155  (g) an employee of the Governor's Office;
2156  (h) an employee of the Public Lands Policy Coordinating Office, created in Section
2157  63L-11-201;
2158  (i) an employee of the [State Auditor's Office] Office of the State Auditor;
2159  (j) an employee of the [State Treasurer's Office] Office of the State Treasurer;
2160  (k) any other member who is permitted to make an election under Section 49-11-406;
2161  (l) a person appointed as a city manager or chief city administrator or another person
2162  employed by a municipality, county, or other political subdivision, who is an at-will
2163  employee;
2164  (m) an employee of an interlocal cooperative agency created under Title 11, Chapter 13,
2165  Interlocal Cooperation Act, who is engaged in a specialized trade customarily
2166  provided through membership in a labor organization that provides retirement
2167  benefits to the organization's members;
2168  (n) an employee serving as an exchange employee from outside the state for an
2169  employer who has elected to make all of the employer's exchange employees eligible
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2170  for service credit in this system; and
2171        (o) the adjutant general of the Utah National Guard appointed under Section 39A-1-201
2172  and each individual listed in Subsection 39A-1-203(1).
2173    (5)(a) Each participating employer shall prepare and maintain a list designating those
2174        positions eligible for exemption under Subsection (4).
2175        (b) An employee may not be exempted unless the employee is employed in an exempted
2176  position designated by the participating employer.
2177    (6)(a) In accordance with this section, Section 49-13-203, and Section 49-22-205, a
2178        municipality, county, or political subdivision may not exempt a total of more than 50
2179        positions or a number equal to 10% of the eligible employees of the municipality,
2180        county, or political subdivision, whichever is less.
2181        (b) A municipality, county, or political subdivision may exempt at least one regular
2182  full-time employee.
2183    (7) Each participating employer shall:
2184        (a) maintain a list of employee exemptions; and
2185        (b) update the employee exemptions in the event of any change.
2186    (8) The office may make rules to implement this section.
2187    (9) An employee's exclusion, exemption, participation, or election described in this section:
2188        (a) shall be made in accordance with this section; and
2189        (b) is subject to requirements under federal law and rules made by the board.
2190  Section 22. Section 49-13-203 is amended to read:
2191  49-13-203 (Effective 07/01/26). Exclusions from membership in system.
2192    (1) The following employees are not eligible for service credit in this system:
2193        (a) subject to the requirements of Subsection (2), an employee whose employment status
2194  is temporary in nature due to the nature or the type of work to be performed;
2195        (b) except as provided under Subsection (3)(a), an employee of an institution of higher
2196  education who participates in a retirement system with a public or private retirement
2197  system, organization, or company designated by the Utah Board of Higher Education,
2198  or the technical college board of trustees for an employee of each technical college,
2199  during any period in which required contributions based on compensation have been
2200  paid on behalf of the employee by the employer;
2201        (c) an employee serving as an exchange employee from outside the state for an employer
2202  who has not elected to make all of the employer's exchange employees eligible for
2203  service credit in this system;
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       S.B. 323  Enrolled Copy
2204  (d) an executive department head of the state or a legislative director, senior executive
2205  employed by the governor's office, a member of the State Tax Commission, a
2206  member of the Public Service Commission, and a member of a full-time or part-time
2207  board or commission who files a formal request for exemption;
2208  (e) an employee of the Department of Workforce Services who is covered under another
2209  retirement system allowed under Title 35A, Chapter 4, Employment Security Act;
2210  (f) an employee who is employed with an employer that has elected to be excluded from
2211  participation in this system under Subsection 49-13-202(5), effective on or after the
2212  date of the employer's election under Subsection 49-13-202(5);
2213  (g) an employee who is employed with a withdrawing entity that has elected under
2214  Section 49-11-623, [prior to] before January 1, 2017, to exclude:
2215  (i) new employees from participation in this system under Subsection 49-11-623(3)(a);
2216  or
2217  (ii) all employees from participation in this system under Subsection 49-11-623(3)(b);
2218  (h) an employee described in Subsection (1)(h)(i) or (ii) who is employed with a
2219  withdrawing entity that has elected under Section 49-11-624, before January 1, 2018,
2220  to exclude:
2221  (i) new employees from participation in this system under Subsection 49-11-624(3)(a);
2222  or
2223  (ii) all employees from participation in this system under Subsection 49-11-624(3)(b);
2224  (i) an employee who is employed with a withdrawing entity that has elected under
2225  Section 49-11-625, before July 1, 2022, to exclude all employees from participation
2226  in this system; or
2227  (j) an employee who is employed with a withdrawing entity that elects under Section
2228  49-11-626 to exclude:
2229  (i) new employees from participation in this system under Subsection 49-11-626(3)(a);
2230  or
2231  (ii) all employees from participation in this system under Subsection 49-11-626(3)(b).
2232     (2) If an employee whose status is temporary in nature due to the nature of type of work to
2233  be performed:
2234  (a) is employed for a term that exceeds six months and the employee otherwise qualifies
2235  for service credit in this system, the participating employer shall report and certify to
2236  the office that the employee is a regular full-time employee effective the beginning of
2237  the seventh month of employment; or
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       Enrolled Copy  S.B. 323
2238        (b) was previously terminated [prior to] before being eligible for service credit in this
2239  system and is reemployed within three months of termination by the same
2240  participating employer, the participating employer shall report and certify that the
2241  member is a regular full-time employee when the total of the periods of employment
2242  equals six months and the employee otherwise qualifies for service credits in this
2243  system.
2244    (3)(a) Upon cessation of the participating employer contributions, an employee under
2245        Subsection (1)(b) is eligible for service credit in this system.
2246        (b) Notwithstanding the provisions of Subsection (1)(f), any eligibility for service credit
2247  earned by an employee under this chapter before the date of the election under
2248  Subsection 49-13-202(5) is not affected under Subsection (1)(f).
2249    (4) Upon filing a written request for exemption with the office, the following employees
2250        shall be exempt from coverage under this system:
2251        (a) a full-time student or the spouse of a full-time student and individuals employed in a
2252  trainee relationship;
2253        (b) an elected official;
2254        (c) an executive department head of the state, a member of the State Tax Commission, a
2255  member of the Public Service Commission, and a member of a full-time or part-time
2256  board or commission;
2257        (d) an employee of the Governor's Office of Planning and Budget;
2258        (e) an employee of the Governor's Office of Economic Opportunity;
2259        (f) an employee of the [Commission on Criminal and Juvenile Justice] Department of
2260  Criminal Justice;
2261        (g) an employee of the Governor's Office;
2262        (h) an employee of the [State Auditor's Office] Office of the State Auditor;
2263        (i) an employee of the [State Treasurer's Office] Office of the State Treasurer;
2264        (j) any other member who is permitted to make an election under Section 49-11-406;
2265        (k) a person appointed as a city manager or chief city administrator or another person
2266  employed by a municipality, county, or other political subdivision, who is an at-will
2267  employee;
2268        (l) an employee of an interlocal cooperative agency created under Title 11, Chapter 13,
2269  Interlocal Cooperation Act, who is engaged in a specialized trade customarily
2270  provided through membership in a labor organization that provides retirement
2271  benefits to [its] the labor organization's members;
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       S.B. 323  Enrolled Copy
2272  (m) an employee serving as an exchange employee from outside the state for an
2273  employer who has elected to make all of the employer's exchange employees eligible
2274  for service credit in this system; and
2275  (n) the adjutant general of the Utah National Guard appointed under Section 39A-1-201
2276  and each individual listed in Subsection 39A-1-203(1).
2277     (5)(a) Each participating employer shall prepare and maintain a list designating those
2278  positions eligible for exemption under Subsection (4).
2279  (b) An employee may not be exempted unless the employee is employed in a position
2280  designated by the participating employer.
2281     (6)(a) In accordance with this section, Section 49-12-203, and Section 49-22-205, a
2282  municipality, county, or political subdivision may not exempt a total of more than 50
2283  positions or a number equal to 10% of the eligible employees of the municipality,
2284  county, or political subdivision, whichever is less.
2285  (b) A municipality, county, or political subdivision may exempt at least one regular
2286  full-time employee.
2287     (7) Each participating employer shall:
2288  (a) maintain a list of employee exemptions; and
2289  (b) update the employee exemptions in the event of any change.
2290     (8) The office may make rules to implement this section.
2291     (9) An employee's exclusion, exemption, participation, or election described in this section:
2292  (a) shall be made in accordance with this section; and
2293  (b) is subject to requirements under federal law and rules made by the board.
2294  Section 23. Section 49-22-205 is amended to read:
2295  49-22-205 (Effective 07/01/26). Exemptions from participation in system.
2296     (1) Upon filing a written request for exemption with the office, the following employees are
2297  exempt from participation in the system as provided in this section:
2298  (a) an executive department head of the state;
2299  (b) a member of the State Tax Commission;
2300  (c) a member of the Public Service Commission;
2301  (d) a member of a full-time or part-time board or commission;
2302  (e) an employee of the Governor's Office of Planning and Budget;
2303  (f) an employee of the Governor's Office of Economic Opportunity;
2304  (g) an employee of the [Commission on Criminal and Juvenile Justice] Department of
2305  Criminal Justice;
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       Enrolled Copy  S.B. 323
2306        (h) an employee of the Governor's Office;
2307        (i) an employee of the [State Auditor's Office] Office of the State Auditor;
2308        (j) an employee of the [State Treasurer's Office] Office of the State Treasurer;
2309        (k) any other member who is permitted to make an election under Section 49-11-406;
2310        (l) [a person ] an individual appointed as a city manager or appointed as a city
2311  administrator or another at-will employee of a municipality, county, or other political
2312  subdivision;
2313        (m) an employee of an interlocal cooperative agency created under Title 11, Chapter 13,
2314  Interlocal Cooperation Act, who is engaged in a specialized trade customarily
2315  provided through membership in a labor organization that provides retirement
2316  benefits to [its] the labor organization's members;
2317        (n) an employee serving as an exchange employee from outside the state for an
2318  employer who has elected to make all of the employer's exchange employees eligible
2319  for service credit in this system; and
2320        (o) the adjutant general of the Utah National Guard appointed under Section 39A-1-201
2321  and each individual listed in Subsection 39A-1-203(1).
2322    (2)(a) A participating employer shall prepare and maintain a list designating those
2323        positions eligible for exemption under Subsection (1).
2324        (b) An employee may not be exempted unless the employee is employed in a position
2325  designated by the participating employer under Subsection (1).
2326    (3)(a) In accordance with this section, Section 49-12-203, and Section 49-13-203, a
2327        municipality, county, or political subdivision may not exempt a total of more than 50
2328        positions or a number equal to 10% of the eligible employees of the municipality,
2329        county, or political subdivision, whichever is less.
2330        (b) A municipality, county, or political subdivision may exempt at least one regular
2331  full-time employee.
2332    (4) Each participating employer shall:
2333        (a) maintain a list of employee exemptions; and
2334        (b) update an employee exemption in the event of any change.
2335    (5) Beginning on the effective date of the exemption for an employee who elects to be
2336        exempt in accordance with Subsection (1):
2337        (a) for a member of the Tier II defined contribution plan:
2338  (i) the participating employer shall contribute the nonelective contribution and the
2339  amortization rate described in Section 49-22-401, except that the nonelective
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2340  contribution is exempt from the vesting requirements of Subsection
2341  49-22-401(3)(a);
2342  (ii) the member may make voluntary deferrals as provided in Section 49-22-401; and
2343  (iii) the member is not eligible for additional service credit in the plan for the period
2344  of exempt employment; and
2345  (b) for a member of the Tier II hybrid retirement system:
2346  (i) the participating employer shall contribute the nonelective contribution and the
2347  amortization rate described in Section 49-22-401, except that the contribution is
2348  exempt from the vesting requirements of Subsection 49-22-401(3)(a);
2349  (ii) the member may make voluntary deferrals as provided in Section 49-22-401; and
2350  (iii) the member is not eligible for additional service credit in the system for the
2351  period of exempt employment.
2352     (6) If an employee who is a member of the Tier II hybrid retirement system subsequently
2353  revokes the election of exemption made under Subsection (1), the provisions described
2354  in Subsection (5)(b) shall no longer be applicable and the coverage for the employee
2355  shall be effective prospectively as provided in Part 3, Tier II Hybrid Retirement System.
2356     (7)(a) All employer contributions made on behalf of an employee shall be invested in
2357  accordance with Subsection 49-22-303(3)(a) or 49-22-401(4)(a) until the one-year
2358  election period under Subsection 49-22-201(2)(c) is expired if the employee:
2359  (i) elects to be exempt in accordance with Subsection (1); and
2360  (ii) continues employment with the participating employer through the one-year
2361  election period under Subsection 49-22-201(2)(c).
2362  (b) An employee is entitled to receive a distribution of the employer contributions made
2363  on behalf of the employee and all associated investment gains and losses if the
2364  employee:
2365  (i) elects to be exempt in accordance with Subsection (1); and
2366  (ii) terminates employment [prior to] before the one-year election period under
2367  Subsection 49-22-201(2)(c).
2368     (8)(a) The office shall make rules to implement this section.
2369  (b) The rules made under this Subsection (8) shall include provisions to allow the
2370  exemption provided under Subsection (1) to apply to all contributions made
2371  beginning on or after July 1, 2011, on behalf of an exempted employee who began
2372  the employment before May 8, 2012.
2373     (9) An employee's exemption, participation, or election described in this section:
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2374        (a) shall be made in accordance with this section; and
2375        (b) is subject to requirements under federal law and rules made by the board.
2376  Section 24. Section 51-9-412 is amended to read:
2377  51-9-412 (Effective 07/01/26). Halfway house funding -- Uses.
2378    (1) As used in this section:
2379        [(a) "Commission" means the Commission on Criminal and Juvenile Justice created in
2380  Section 63M-7-201.]
2381        (a) "Department" means the Department of Criminal Justice created in Section
2382  75E-2-102.
2383        (b) "Halfway house" means a facility that houses parolees upon release from prison or
2384  houses probationers who have violated the terms of their probation.
2385        (c) "Law enforcement agency" means a local law enforcement agency.
2386        (d) "Parole violator center" means a facility that houses parolees who have violated the
2387  conditions of their parole agreement.
2388    (2) The [commission] department shall allocate funds appropriated by the Legislature to
2389        local law enforcement agencies on a pro-rata basis determined by:
2390        (a) the average daily number of occupied beds in a halfway house in each agency's
2391  jurisdiction for increased enforcement in areas with halfway houses;
2392        (b) the average daily number of occupied beds in a parole violator center in each
2393  agency's jurisdiction; or
2394        (c) both Subsections (2)(a) and (b).
2395    (3) A law enforcement agency may use funds received under this section only for the
2396        purposes stated in this section.
2397    (4)(a) For each fiscal year, any law enforcement agency that receives funds from the [
2398        commission] department under this section shall prepare, and file with the [
2399        commission] department and the state auditor, a report in a form specified by the [
2400        commission] department.[ ]
2401        (b) The report described in Subsection (4)(a) shall include the following:
2402  [(a)] (i) the agency's name;
2403  [(b)] (ii) the amount received;
2404  [(c)] (iii) how the funds were used, including the impact on crime reduction efforts in
2405  areas with halfway houses or parole violator centers, or both; and
2406  [(d)] (iv) a statement signed by both the agency's or political subdivision's executive
2407  officer or designee and by the agency's legal counsel that all funds were used for
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2408  law enforcement operations related to reducing criminal activity in areas with
2409  halfway houses or parole violator centers, or both.
2410  Section 25. Section 53-1-106 is amended to read:
2411  53-1-106 (Effective 07/01/26). Department duties -- Powers.
2412     (1) In addition to the responsibilities contained in this title, the department shall:
2413  (a) make rules and perform the functions specified in Title 41, Chapter 6a, Traffic Code,
2414  including:
2415  (i) setting performance standards for towing companies to be used by the department,
2416  as required by Section 41-6a-1406; and
2417  (ii) advising the Department of Transportation regarding the safe design and
2418  operation of school buses, as required by Section 41-6a-1304;
2419  (b) make rules to establish and clarify standards pertaining to the curriculum and
2420  teaching methods of a motor vehicle accident prevention course under Section
2421  31A-19a-211;
2422  (c) aid in enforcement efforts to combat drug trafficking;
2423  (d) meet with the Division of Technology Services to formulate contracts, establish
2424  priorities, and develop funding mechanisms for dispatch and telecommunications
2425  operations;
2426  (e) provide assistance to the [Commission on Criminal and Juvenile Justice] Department
2427  of Criminal Justice and the [Utah ]Office for Victims of Crime in conducting
2428  research or monitoring victims' programs, as required by [Section 63M-7-507]
2429  Subsection 75E-5-203(2);
2430  (f) develop sexual assault exam protocol standards in conjunction with the Utah Hospital
2431  Association;
2432  (g) engage in emergency planning activities, including preparation of policy and
2433  procedure and rulemaking necessary for implementation of the federal Emergency
2434  Planning and Community Right to Know Act of 1986, as required by Section
2435  53-2a-702;
2436  (h) implement the provisions of Section 53-2a-402, the Emergency Management
2437  Assistance Compact;
2438  (i) ensure that any training or certification required of a public official or public
2439  employee, as those terms are defined in Section 63G-22-102, complies with Title
2440  63G, Chapter 22, State Training and Certification Requirements, if the training or
2441  certification is required:
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2442  (i) under this title;
2443  (ii) by the department; or
2444  (iii) by an agency or division within the department;
2445        (j) employ a law enforcement officer as a public safety liaison to be housed at the State
2446  Board of Education who shall work with the State Board of Education to:
2447  (i) support training with relevant state agencies for school resource officers as
2448  described in Section 53G-8-702;
2449  (ii) coordinate the creation of model policies and memorandums of understanding for
2450  a local education agency and a local law enforcement agency; and
2451  (iii) ensure cooperation between relevant state agencies, a local education agency,
2452  and a local law enforcement agency to foster compliance with disciplinary related
2453  statutory provisions, including Sections 53E-3-516 and 53G-8-211;
2454        (k) provide for the security and protection of public officials, public officials' staff, and
2455  the capitol hill complex in accordance with the provisions of this part;
2456        (l) fulfill the duties described in Sections 77-36-2.1 and 78B-7-120 related to lethality
2457  assessments; and
2458        (m) fulfill the duties described in Section 63L-13-201 related to restricted foreign
2459  entities.
2460    (2)(a) The department shall establish a schedule of fees as required or allowed in this
2461        title for services provided by the department.
2462        (b) All fees not established in statute shall be established in accordance with Section
2463  63J-1-504.
2464    (3) The department may establish or contract for the establishment of an [Organ
2465        Procurement Donor Registry] organ procurement donor registry in accordance with
2466        Section 26B-8-319.
2467  Section 26. Section 53-6-107 is amended to read:
2468  53-6-107 (Effective 07/01/26). General duties of council.
2469    (1) The council shall:
2470        (a) advise the director regarding:
2471  (i) the approval, certification, or revocation of certification of any certified academy
2472  established in the state;
2473  (ii) minimum courses of study, attendance requirements, and the equipment and
2474  facilities to be required at a certified academy;
2475  (iii) minimum qualifications for instructors at a certified academy;
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2476  (iv) the minimum basic training requirements that peace officers shall complete
2477  before receiving certification;
2478  (v) the minimum basic training requirements that dispatchers shall complete before
2479  receiving certification; and
2480  (vi) categories or classifications of advanced in-service training programs and
2481  minimum courses of study and attendance requirements for the categories or
2482  classifications;
2483  (b) recommend that studies, surveys, or reports, or all of them be made by the director
2484  concerning the implementation of the objectives and purposes of this chapter;
2485  (c) make recommendations and reports to the commissioner and governor from time to
2486  time;
2487  (d) choose from the sanctions to be imposed against certified peace officers [as provided
2488  in] in accordance with Section 53-6-211, and dispatchers [as provided in] in
2489  accordance with Section 53-6-309;
2490  (e) establish and annually review:
2491  (i) minimum use of force standards for all peace officers in the state;
2492  (ii) minimum standards for officer intervention and the reporting of police
2493  misconduct based on Section 53-6-210.5; and
2494  (iii) the best practices for investigating sexual assaults;
2495  (f) in consultation with the [Utah ]Victim Services Commission's subcommittee on rape
2496  and sexual assault created in Subsection [63M-7-903(5)(b)] 75E-6-103(5)(b), create
2497  and, if necessary, annually update a model sexual assault investigation policy based
2498  on the best practices established in Subsection (1)(e)(iii) that can be adopted and used
2499  by a law enforcement agency; and
2500  (g) perform other acts as necessary to carry out the duties of the council in this chapter.
2501     (2) The council may approve special function officers for membership in the [Public Safety
2502  Retirement System] public safety retirement system in accordance with Sections
2503  49-14-201 and 49-15-201.
2504  Section 27. Section 53-6-213 is amended to read:
2505  53-6-213 (Effective 07/01/26). Appropriations from compensation fund.
2506     (1) The Legislature shall appropriate from the [fund] Crime Victim Compensation Fund
2507  established in [Title 63M, Chapter 7, Part 5, Utah Office for Victims of Crime] Section
2508  75E-5-302, to the division, funds for training of law enforcement officers in the state.
2509     (2) The department shall make an annual report to the Legislature, which includes the
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2510        amount received during the previous fiscal year.
2511  Section 28. Section 53-10-118 is amended to read:
2512  53-10-118 (Effective 07/01/26). Collection of driving under the influence crash
2513    and arrest data.
2514    (1)(a) The division shall collect from every law enforcement agency the following data
2515        concerning a crash that appears to be connected with a driving under the influence
2516        offense:
2517  (i) whether the impaired driver was injured or killed;
2518  (ii) whether any other individual was injured or killed;
2519  (iii) whether there was damage to real or personal property;
2520  (iv) the following results or findings regarding the impaired driver's impairment:
2521  (A) blood, breath, or urine alcohol concentration readings; and
2522  (B) blood, urine, chemical, or similar tests detecting alcohol or other drugs in an
2523  individual; and
2524  (v) if applicable, the name of the establishment that provided the alcohol to the
2525  impaired driver.
2526        (b) The division shall collect from every law enforcement agency the following data for
2527  every arrest made for a suspected driving under the influence offense, including those
2528  that are unrelated to a crash described in Subsection (1)(a):
2529  (i) the data described in Subsections (1)(a)(iv) and (v); and
2530  (ii) if there were any injuries, deaths, or property damage based on the driving under
2531  the influence incident, a description of the injuries, deaths, or damages.
2532        (c) In accordance with Section 53-25-104, a law enforcement agency shall provide the
2533  information described in Subsections (1)(a) and (b) in the form and manner requested
2534  by the division.
2535    (2) The division shall provide the information collected under Subsection (1) to the [
2536        Commission on Criminal and Juvenile Justice] Department of Criminal Justice for use in
2537        the annual report described in Section 41-6a-511.
2538  Section 29. Section 53-10-302 is amended to read:
2539  53-10-302 (Effective 07/01/26). Bureau duties.
2540       The bureau shall:
2541    (1) provide assistance and investigative resources to divisions within the Department of
2542        Public Safety;
2543    (2) upon request, provide assistance and specialized law enforcement services to local law
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2544  enforcement agencies;
2545     (3) conduct financial investigations regarding suspicious cash transactions, fraud, and
2546  money laundering;
2547     (4) investigate criminal activity of organized crime networks, gangs, extremist groups, and
2548  others promoting violence;
2549     (5) investigate criminal activity of terrorist groups;
2550     (6) enforce [the Utah Criminal Code] Title 76, Criminal Offenses;
2551     (7) cooperate and exchange information with other state agencies and with other law
2552  enforcement agencies of government, both within and outside of this state, through a
2553  statewide information and intelligence center to obtain information that may achieve
2554  more effective results in the prevention, detection, and control of crime and
2555  apprehension of criminals, including systems described in Section 53E-3-518, Section
2556  53H-4-210, and Subsection 63H-7a-103(14);
2557     (8) create and maintain a statewide criminal intelligence system;
2558     (9) provide specialized case support and investigate illegal drug production, cultivation, and
2559  sales;
2560     (10) investigate, follow-up, and assist in highway drug interdiction cases;
2561     (11) make rules to implement this chapter;
2562     (12) perform the functions specified in Part 2, Bureau of Criminal Identification;
2563     (13) provide a state cybercrime unit to investigate computer and network intrusion matters
2564  involving state-owned computer equipment and computer networks as reported under
2565  Section 76-6-705;
2566     (14) investigate violations of Section 76-6-703 and other computer related crimes,
2567  including:
2568  (a) computer network intrusions;
2569  (b) denial of services attacks;
2570  (c) computer related theft or fraud;
2571  (d) intellectual property violations; and
2572  (e) electronic threats;
2573     (15) upon request, investigate the following offenses when alleged to have been committed
2574  by an individual who is currently or has been previously elected, appointed, or employed
2575  by a governmental entity:
2576  (a) criminal offenses; and
2577  (b) matters of public corruption; and
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2578    (16)(a) not be prohibited from investigating crimes not specifically referred to in this
2579        section; and
2580        (b) other agencies are not prohibited from investigating crimes referred to in this section.
2581  Section 30. Section 53-10-803 is amended to read:
2582  53-10-803 (Effective 07/01/26). Voluntary testing -- Victim to request -- Costs
2583    paid by Office for Victims of Crime.
2584    (1) A victim or minor victim of a sexual offense may request a test for the HIV infection.
2585    (2)(a) The local health department shall obtain the blood specimen from the victim and
2586        forward the specimen to the Department of Health and Human Services.
2587        (b) The Department of Health and Human Services shall analyze the specimen of the
2588  victim.
2589    (3)(a) The testing shall consist of a base-line test of the victim at the time immediately or
2590        as soon as possible after the alleged occurrence of the sexual offense.[ ]
2591        (b) If the base-line test result is not positive, follow-up testing shall occur at three
2592  months and six months after the alleged occurrence of the sexual offense.
2593    (4) The Crime Victim [Reparations] Compensation Fund shall pay for the costs of the victim
2594        testing if the victim provides a substantiated claim of the sexual offense, does not test
2595        HIV positive at the base-line testing phase, and complies with eligibility criteria
2596        established by the [Utah ]Office for Victims of Crime.
2597  Section 31. Section 53-11-124 is amended to read:
2598  53-11-124 (Effective 07/01/26). Penalties.
2599       Any violation of this chapter is a class A misdemeanor, unless the circumstances of the
2600    violation amount to an offense subject to a greater criminal penalty under [Title 76, Utah
2601    Criminal Code] Title 76, Criminal Offenses.
2602  Section 32. Section 53-21-104.3 is amended to read:
2603  53-21-104.3 (Effective 07/01/26). Education -- Complaints -- Investigations.
2604    (1) On or before September 1, 2024, the department shall inform all first responder
2605        agencies in the state of the requirements described in Section 53-21-102.
2606    (2) In addition to the notification required under Subsection (1), the department shall, on
2607        the department's website, provide information describing:
2608        (a) an individual's eligibility for mental health resources under Section 53-21-102;
2609        (b) the statutory definition for mental health resources provided in Section 53-21-101;
2610        (c) the designated mental health resources liaison for each first responder agency as
2611  described in Subsection 53-21-102(3)(b); and
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2612  (d) how to appeal a denial of mental health resources to the department.
2613     (3)(a) The department shall investigate a denial of mental health resources that is
2614  received under Subsection (2)(d) to determine whether the denial was in violation of
2615  this chapter.
2616  (b) If, after an investigation, the department determines that a first responder agency
2617  improperly denied mental health resources in violation of this chapter, the department
2618  shall notify the first responder agency and provide 60 days for the first responder
2619  agency to correct the improper denial.
2620  (c) The department shall determine whether a first responder agency has cured the
2621  violation within the time described in Subsection (3)(b) and, if the first responder
2622  agency has not, the department shall send a letter within a reasonable time identifying
2623  the first responder agency and the relevant details of the department's investigation to:
2624  (i) the commissioner;
2625  (ii) the chairs of the Law Enforcement and Criminal Justice Interim Committee; and
2626  (iii) the executive director of the [State ]Commission on Criminal and Juvenile
2627  Justice, who shall refer the matter for investigation under [Section 63M-7-204]
2628  Subsection 75E-3-202(1)(i) and may recommend that the Department of Criminal
2629  Justice restrict state grant money under Section [63M-7-218] 75E-2-303.
2630  Section 33. Section 53-25-103 is amended to read:
2631  53-25-103 (Effective 07/01/26). Airport dangerous weapon possession reporting
2632     requirements.
2633     (1) As used in this section, ["commission"] "department" means the [State Commission on
2634  Criminal and Juvenile Justice] Department of Criminal Justice created in Section [
2635  63M-7-201] 75E-2-102.
2636     (2) Beginning on January 1, 2026, a law enforcement agency having law enforcement
2637  jurisdiction over an airport shall annually, on or before April 30, submit a report to the [
2638  commission] department detailing:
2639  (a) for an offense described in Subsection 76-11-218(2)(a):
2640  (i) the number of issued written warnings;
2641  (ii) the number of issued citations;
2642  (iii) the number of referrals to a detective; and
2643  (iv) the number of referrals to a prosecutor; and
2644  (b) for an offense described in Subsection 76-11-218(2)(b):
2645  (i) the number of issued written warnings; and
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2646  (ii) if applicable, the number of issued citations, including the number of individuals
2647  who have received more than one citation for the offense.
2648    (3) The [commission] department shall:
2649        (a) develop a standardized format for reporting the data described in Subsection (2);
2650        (b) compile the data submitted under Subsection (2); and
2651        (c) annually on or before August 1, publish a report of the data described in Subsection
2652  (2) on the [commission's] department's website.
2653  Section 34. Section 53-25-202 is amended to read:
2654  53-25-202 (Effective 07/01/26). Sexual assault offense reporting requirements for
2655    law enforcement agencies.
2656    (1) As used in this section:
2657        [(a) "Commission" means the State Commission on Criminal and Juvenile Justice
2658  created in Section 63M-7-201.]
2659        (a) "Department" means the Department of Criminal Justice created in Section
2660  75E-2-102.
2661        (b) "Sexual assault offense" means:
2662  (i) rape, as described in Section 76-5-402;
2663  (ii) rape of a child, as described in Section 76-5-402.1;
2664  (iii) object rape, as described in Section 76-5-402.2;
2665  (iv) object rape of a child, as described in Section 76-5-402.3;
2666  (v) forcible sodomy, as described in Section 76-5-403;
2667  (vi) sodomy on a child, as described in Section 76-5-403.1;
2668  (vii) forcible sexual abuse, as described in Section 76-5-404;
2669  (viii) sexual abuse of a child, as described in Section 76-5-404.1;
2670  (ix) aggravated sexual abuse of a child, as described in Section 76-5-404.3;
2671  (x) aggravated sexual assault, as described in Section 76-5-405; or
2672  (xi) sexual battery, as described in Section 76-5-418.
2673    (2)(a) Beginning January 1, 2025, a law enforcement agency shall:
2674  (i) annually, on or before April 30, submit a report to the [commission] department for
2675  the previous calendar year containing the number of each type of sexual assault
2676  offense that:
2677  (A) was reported to the law enforcement agency;
2678  (B) was investigated by a detective; and
2679  (C) was referred to a prosecutor for prosecution; and
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2680  (ii) submit a report to the [commission] department on whether the law enforcement
2681  agency has created and publicly posted on the law enforcement agency's website:
2682  (A) the policy described in Subsection [53-24-101(1)(a)] 53-25-201(1); and
2683  (B) the guide described in Subsection [53-24-101(2)(a)] 53-25-201(2).
2684  (b) A law enforcement agency shall:
2685  (i) compile the report described in Subsection (2)(a)(i) for each calendar year in the
2686  standardized format developed by the [commission] department under Subsection
2687  (3); and
2688  (ii) publicly post the information reported in Subsection (2)(a)(i) on the law
2689  enforcement agency's website.
2690     (3) The [commission] department shall:
2691  (a) develop a standardized format for reporting the data described in Subsection (2);
2692  (b) compile the data submitted under Subsection (2); and
2693  (c) annually on or before August 1, publish a report of the data described in Subsection
2694  (2) on the [commission's] department's website.
2695  Section 35. Section 53-25-301 is amended to read:
2696  53-25-301 (Effective 07/01/26). Reporting requirements for reverse-location
2697     warrants.
2698     (1) As used in this section:
2699  (a) "Anonymized" means the same as that term is defined in Section 77-23f-101.
2700  [(b) "Commission" means the State Commission on Criminal and Juvenile Justice
2701  created in Section 63M-7-201.]
2702  (b) "Department" means the Department of Criminal Justice created in Section
2703  75E-2-102.
2704  (c) "Electronic device" means the same as that term is defined in Section 77-23f-101.
2705  (d) "Law enforcement agency" means the same as that term is defined in Section
2706  77-23c-101.2.
2707  (e) "Reverse-location information" means the same as that term is defined in Section
2708  77-23f-101.
2709  (f) "Reverse-location warrant" means a warrant seeking reverse-location information
2710  under Section 77-23f-102, 77-23f-103, or 77-23f-104.
2711     (2)(a) Beginning January 1, 2024, a law enforcement agency shall annually on or before
2712  April 30 submit a report to the [commission] department with the following data for
2713  the previous calendar year:
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2714  (i) the number of reverse-location warrants requested by the law enforcement agency
2715  under Section 77-23f-102, 77-23f-103, or 77-23f-104;
2716  (ii) the number of reverse-location warrants that a court or magistrate granted after a
2717  request described in Subsection (2)(a)(i);
2718  (iii) the number of investigations that used information obtained under a
2719  reverse-location warrant to investigate a crime that was not the subject of the
2720  reverse-location warrant;
2721  (iv) the number of times reverse-location information was obtained under an
2722  exception listed in Section 77-23f-106;
2723  (v) the warrant identification number for each warrant described under Subsection
2724  (2)(a)(ii) or (iii); and
2725  (vi) the number of electronic devices for which anonymized electronic device data
2726  was obtained under each reverse-location warrant described under Subsection
2727  (2)(a)(ii).
2728        (b) A law enforcement agency shall compile the report described in Subsection (2)(a) for
2729  each year in the standardized format developed by the [commission] department
2730  under Subsection (4).
2731    (3) If a reverse-location warrant is requested by a multijurisdictional team of law
2732        enforcement officers, the reporting requirement in this section is the responsibility of the
2733        commanding agency or governing authority of the multijurisdictional team.
2734    (4) The [commission] department shall:
2735        (a) develop a standardized format for reporting the data described in Subsection (2);
2736        (b) compile the data submitted under Subsection (2); and
2737        (c) annually on or before August 1, publish on the [commission's] department's website a
2738  report of the data described in Subsection (2).
2739  Section 36. Section 53-25-401 is amended to read:
2740  53-25-401 (Effective 07/01/26). Law enforcement reporting requirements for
2741    genetic genealogy database utilizations.
2742    (1) As used in this section:
2743        [(a) "Commission" means the State Commission on Criminal and Juvenile Justice
2744  created in Section 63M-7-201.]
2745        (a) "Department" means the Department of Criminal Justice created in Section
2746  75E-2-102.
2747        (b) "Genetic genealogy database utilization" means the same as that term is defined in
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2748  Section 53-10-403.7.
2749  (c) "Law enforcement agency" means the same as that term is defined in Section
2750  53-1-102.
2751  (d) "Qualifying case" means the same as that term is defined in Section 53-10-403.7.
2752     (2)(a) Beginning on January 1, 2024, a law enforcement agency shall annually on or
2753  before April 30 submit a report to the [commission] department with the following
2754  data for the previous calendar year:
2755  (i) the number of genetic genealogy database utilizations requested by the law
2756  enforcement agency under Section 53-10-403.7; and
2757  (ii) for each utilization described in Subsection (2)(a)(i):
2758  (A) if applicable, the type of qualifying case;
2759  (B) for a criminal investigation, the alleged offense;
2760  (C) whether the case was a cold case, as that term is defined in Section 53-10-115,
2761  at the time of the request for the utilization; and
2762  (D) whether the results of the utilization revealed the identity of the owner of the
2763  DNA specimen.
2764  (b) A law enforcement agency shall compile the report described in Subsection (2)(a) for
2765  each year in the standardized format developed by the [commission] department
2766  under Subsection (4).
2767     (3) If a genetic genealogy database utilization is requested by a multijurisdictional team of
2768  law enforcement officers, the reporting requirement in this section is the responsibility
2769  of the commanding agency or governing authority of the multijurisdictional team.
2770     (4) The [commission] department shall:
2771  (a) develop a standardized format for reporting the data described in Subsection (2);
2772  (b) compile the data submitted under Subsection (2), including the number of genetic
2773  genealogy database utilizations requested by each reporting law enforcement agency;
2774  and
2775  (c) annually on or before August 1, publish a report of the data described in Subsection
2776  (2) on the [commission's] department's website.
2777  Section 37. Section 53-25-501 is amended to read:
2778  53-25-501 (Effective 07/01/26). Reporting requirements for seized firearms.
2779     (1) As used in this section:
2780  [(a) "Commission" means the State Commission on Criminal and Juvenile Justice
2781  created in Section 63M-7-201.]
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2782        (a) "Department" means the Department of Criminal Justice created in Section
2783  75E-2-102.
2784        (b) "Firearm" means the same as that term is defined in Section 76-11-101.
2785        (c) "Restricted person" means a Category I or Category II restricted person under
2786  Section 76-11-302 or 76-11-303.
2787    (2) Beginning on July 1, 2026, a law enforcement agency, not including the Department of
2788        Corrections, shall annually on or before April 30 report to the [commission] department
2789        the following data for the previous calendar year:
2790        (a) the number of firearms the law enforcement agency lawfully seized from restricted
2791  persons;
2792        (b) the types of firearms the law enforcement agency lawfully seized from restricted
2793  persons;
2794        (c) information on where the restricted persons obtained the firearms seized by the law
2795  enforcement agency if the information is known or discoverable by the law
2796  enforcement agency; and
2797        (d) the reasons under Section 76-11-302 or 76-11-303 that made the individuals who had
2798  weapons seized restricted persons.
2799  Section 38. Section 53-25-502 is amended to read:
2800  53-25-502 (Effective 07/01/26). Law enforcement agency reporting requirements
2801    for certain firearm data.
2802    (1) As used in this section:
2803        (a) "Antique firearm" means the same as that term is defined in Section 76-11-101.
2804        [(b) "Commission" means the State Commission on Criminal and Juvenile Justice
2805  created in Section 63M-7-201.]
2806        (b) "Department" means the Department of Criminal Justice created in Section
2807  75E-2-102.
2808        (c) "Firearm" means the same as that term is defined in Section 76-11-101.
2809        (d)(i) "Untraceable firearm" means a firearm:
2810  (A) that was manufactured, assembled, or otherwise created in a manner such that
2811  a serial number or other legally required identifying number or marking is not
2812  affixed to the firearm;
2813  (B) that is made of plastic, fiberglass, or another material that would not be
2814  detectable by a detection device commonly used at an airport or other public
2815  building for security screening; or
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2816  (C) on which the identifying serial number or other legally required identifying
2817  number or marking has been removed or altered such that the firearm's
2818  provenance cannot be traced.
2819  (ii) "Untraceable firearm" does not include an antique firearm.
2820     (2)(a) Beginning on July 1, 2027, a law enforcement agency shall collect and annually,
2821  on or before April 30, report to the [commission] department the following data for
2822  the previous calendar year:
2823  (i) the number of criminal offenses reported to, or investigated by, the law
2824  enforcement agency in which the law enforcement agency determined that a lost,
2825  stolen, or untraceable firearm was used in the commission of the criminal offense,
2826  categorized by the type of offense; and
2827  (ii) the number of firearms, separated by each category described in Subsections
2828  (2)(a)(ii)(A) through (E), in the custody of the law enforcement agency that were:
2829  (A) returned to the property owner;
2830  (B) destroyed;
2831  (C) retained in evidence or other storage;
2832  (D) transferred to another governmental entity; or
2833  (E) submitted to a non-governmental entity for sale or disposal under Section
2834  77-11a-403.
2835  (b) A law enforcement agency shall compile the data described in Subsection (2)(a) for
2836  each calendar year in the standardized format developed by the [commission]
2837  department under Subsection (3).
2838  (c) The reporting requirements under Subsection (2)(a)(i) do not apply to a criminal
2839  offense or investigation for an offense under Title 23A, Wildlife Resources Act, that
2840  involves a firearm.
2841     (3) The [commission] department shall:
2842  (a) develop a standardized format for reporting the data described in Subsection (2);
2843  (b) compile the data submitted under Subsection (2); and
2844  (c) annually on or before August 1, publish a report of the data described in Subsection
2845  (2) on the [commission's] department's website.
2846     (4) This section does not apply to:
2847  (a) the Department of Corrections; or
2848  (b) a law enforcement agency created under Section 41-3-104.
2849  Section 39. Section 53-29-302 is amended to read:
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2850  53-29-302 (Effective 07/01/26) (Partially Repealed 01/01/30). Law enforcement
2851    and agency responsibilities related to the registry.
2852    (1) As used in this section:
2853        (a) "Dynamic factors" means an individual's individual characteristics, issues, resources,
2854  or circumstances that:
2855  (i) can change or be influenced; and
2856  (ii) affect the risk of:
2857  (A) recidivism; or
2858  (B) violating conditions of probation or parole.
2859        (b) "Multi-domain assessment" means an evaluation process or tool that reports in
2860  quantitative and qualitative terms an offender's condition, stability, needs, resources,
2861  dynamic factors, and static factors that affect the offender's transition into the
2862  community and compliance with conditions of probation or parole.
2863        (c) "Static factors" means an individual's individual characteristics, issues, resources, or
2864  circumstances that:
2865  (i) are unlikely to be changeable or influenced; and
2866  (ii) affect the risk of:
2867  (A) recidivism; or
2868  (B) violating conditions of probation or parole.
2869    (2) A law enforcement agency shall, in the manner prescribed by the department, inform
2870        the department of:
2871        (a) the receipt of a report or complaint of a registrable offense, within three business
2872  days after the day on which the law enforcement agency received the report or
2873  complaint; and
2874        (b) the arrest of an individual suspected of a registrable offense, within five business
2875  days after the day on which the law enforcement agency arrested the individual.
2876    (3) The Department of Corrections shall:
2877        (a) register an offender in the custody of the Department of Corrections with the
2878  department upon:
2879  (i) placement on probation;
2880  (ii) commitment to a secure correctional facility operated by or under contract with
2881  the Department of Corrections;
2882  (iii) release from confinement to parole status, termination or expiration of sentence,
2883  or escape;
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2884  (iv) entrance to and release from any community-based residential program operated
2885  by or under contract with the Department of Corrections; or
2886  (v) termination of probation or parole; and
2887  (b)(i) for an offender convicted after May 7, 2025, of an offense committed in this
2888  state that requires the individual to register as a sex offender, conduct, if available,
2889  multi-domain assessments that are validated for the population and offense type of
2890  the offender to inform the treatment and supervision needs of the offender; and
2891  (ii) 30 days after the day on which a calendar quarterly period ends, submit the
2892  results of any risk assessments completed under Subsection (3)(b)(i) during the
2893  preceding quarter to the [State Commission on Criminal and Juvenile Justice]
2894  Department of Criminal Justice.
2895     (4) The sheriff of the county in which an offender is confined shall register an offender with
2896  the department, as required under this chapter, if the offender is not in the custody of the
2897  Department of Corrections and is confined in a correctional facility not operated by or
2898  under contract with the Department of Corrections upon:
2899  (a) commitment to the correctional facility; and
2900  (b) release from confinement.
2901     (5)(a) Except as provided in Subsection [(4)(b)] (5)(b), if an offender is sent on an
2902  assignment outside a secure facility, including being assigned for firefighting or
2903  disaster control, the official who has physical custody of the offender shall, within a
2904  reasonable time after the day of the offender's removal from the secure facility, notify
2905  the local law enforcement agencies where the offender is assigned.
2906  (b) Subsection [(4)(a)] (5)(a) does not apply to an offender temporarily released from a
2907  secure facility setting who is under the supervision of a correctional facility official.
2908     (6) The division shall register an offender in the custody of the division with the
2909  department, as required under this chapter, before the offender's release from custody of
2910  the division.
2911     (7) A state mental hospital shall register an offender committed to the state mental hospital
2912  with the department, as required under this chapter, upon the offender's admission and
2913  upon the offender's discharge.
2914     (8)(a) A municipal or county law enforcement agency shall register an offender who
2915  resides within the agency's jurisdiction and is not under the supervision of the
2916  Division of Adult Probation and Parole within the Department of Corrections.
2917  (b) A municipal or county law enforcement agency may conduct offender registration
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2918  under this chapter, if the agency ensures that the agency's staff responsible for
2919  registration:
2920  (i) have received initial training by the department and have been certified by the
2921  department as qualified and authorized to conduct registrations and enter offender
2922  registration information into the registry database; and
2923  (ii) annually certifies with the department.
2924    (9) An agency in the state that registers with the department an offender on probation, an
2925        offender who has been released from confinement to parole status or termination, or an
2926        offender whose sentence has expired, shall inform the offender of the duty to comply
2927        with the continuing registration requirements of this chapter during the period of
2928        registration required in Section 53-29-203, including:
2929        (a) notification to the state agencies in the states where the registrant presently resides
2930  and plans to reside when moving across state lines;
2931        (b) verification of address at least every 60 days [pursuant to] in accordance with a parole
2932  agreement for lifetime parolees; and
2933        (c) notification to the out-of-state agency where the offender is living, regardless of
2934  whether the offender is a resident of that state.
2935  Section 40. Section 53E-3-516 is amended to read:
2936  53E-3-516 (Effective 07/01/26). School disciplinary and law enforcement action
2937    report -- Rulemaking authority.
2938    (1) As used in this section:
2939        (a) "Dangerous weapon" means a firearm or an object that in the manner of the object's
2940  use or intended use is capable of causing death or serious bodily injury to an
2941  individual.
2942        (b)(i) "Law enforcement action" means a significant law enforcement interaction with
2943  a minor.
2944  (ii) "Law enforcement action" includes the following actions against a minor:
2945  (A) a search and seizure;
2946  (B) an arrest;
2947  (C) the issuance of a citation;
2948  (D) the filing of a delinquency petition, indictment, or criminal information;
2949  (E) a referral to the juvenile court; or
2950  (F) use of force by a law enforcement officer.
2951        (c) "Law enforcement agency" means the same as that term is defined in Section
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2952  77-7a-103.
2953  (d) "Law enforcement officer" means the same as that term is defined in Section
2954  53-13-103.
2955  (e) "Minor" means the same as that term is defined in Section 80-1-102.
2956  (f)(i) "School disciplinary action" means an action by a public school to formally
2957  discipline a student of that public school.
2958  (ii) "School disciplinary action" includes a suspension or an expulsion.
2959  (g) "School is in session" means the hours of a day during which a public school
2960  conducts instruction for which student attendance is counted toward calculating
2961  average daily membership.
2962  (h)(i) "School-sponsored activity" means an activity, fundraising event, club, camp,
2963  clinic, or other event or activity that is authorized by a specific public school,
2964  according to LEA governing board policy, and satisfies at least one of the
2965  following conditions:
2966  (A) the activity is managed or supervised by a school district, public school, or
2967  public school employee;
2968  (B) the activity uses the school district or public school facilities, equipment, or
2969  other school resources; or
2970  (C) the activity is supported or subsidized, more than inconsequentially, by public
2971  funds, including the public school's activity funds or Minimum School
2972  Program dollars.
2973  (ii) "School-sponsored activity" includes preparation for and involvement in a public
2974  performance, contest, athletic competition, demonstration, display, or club activity.
2975  (i) "[ ]School resource officer" means the same as that term is defined in Section
2976  53G-8-701.
2977     (2) The state board shall develop an annual report regarding the following incidents that
2978  occur on school grounds while school is in session or during a school-sponsored activity:
2979  (a) school disciplinary actions;
2980  (b) minors found in possession of a dangerous weapon; and
2981  (c) law enforcement actions.
2982     (3) [Pursuant to] In accordance with state and federal law, law enforcement agencies shall
2983  collaborate with the state board and LEAs to provide and validate data and information
2984  necessary to complete the report described in Subsection (2), as requested by an LEA or
2985  the state board.
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2986    (4) The report described in Subsection (2) shall include the following information listed
2987        separately for each school in an LEA:
2988        (a) the number of law enforcement actions, including the following information for each
2989  incident:
2990  (i) the reason for the law enforcement action; and
2991  (ii) the type of law enforcement action used;
2992        (b) the number of school disciplinary actions, including the following information for
2993  each incident:
2994  (i) the reason for the school disciplinary action;
2995  (ii) the type of school disciplinary action;
2996  (iii) the number of suspensions imposed;
2997  (iv) the average length of suspensions;
2998  (v) the number of days of instruction lost due to suspensions; and
2999  (vi) the number of expulsions;
3000        (c) the number of school resource officers employed;
3001        (d) if applicable, the demographics of an individual student who is subject to, as the
3002  following are defined in Section 53G-9-601, student bullying, hazing, cyber-bullying,
3003  or retaliation; and
3004        (e) the number of minors found in possession of a dangerous weapon on school grounds
3005  while school is in session or during a school-sponsored activity.
3006    (5) The report described in Subsection (2) shall include the following information, in
3007        aggregate, for each element described in Subsections (4)(a) and (b):
3008        (a) age;
3009        (b) grade level;
3010        (c) race;
3011        (d) sex;
3012        (e) disability status; and
3013        (f) youth in care designation.
3014    (6) Information included in the annual report described in Subsection (2) shall comply with:
3015        (a) Chapter 9, Part 2, Student Privacy;
3016        [(a)] (b) Chapter 9, Part 3, Student Data Protection; and
3017        [(b) Chapter 9, Part 2, Student Privacy; and]
3018        (c) the Family Education Rights and Privacy Act, 20 U.S.C. Secs. 1232g and 1232h.
3019    (7) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
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3020  state board shall make rules to compile the report described in Subsection (2).
3021     (8)(a) The state board shall provide the report described in Subsection (2):
3022  (i) in accordance with Section 53E-1-203 for incidents that occurred during the
3023  previous school year; and
3024  (ii) to the [State Commission on Criminal and Juvenile Justice] Department of
3025  Criminal Justice before January 15 of each year for incidents that occurred during
3026  the previous school year.
3027  (b) After submitting the report in accordance with this section, the state board shall
3028  supplement the report to the [State Commission on Criminal and Juvenile Justice]
3029  Department of Criminal Justice with updated data and information within 30 days
3030  after the day on which the state board receives the updated data and information.
3031  Section 41. Section 53E-3-518 is amended to read:
3032  53E-3-518 (Effective 07/01/26). Utah school information management system --
3033     Local education agency requirements.
3034     (1) As used in this section:
3035  (a) "LEA data system" or "LEA's data system" means a data system that:
3036  (i) is developed, selected, or relied upon by an LEA; and
3037  (ii) the LEA uses to collect data or submit data to the state board related to:
3038  (A) student information;
3039  (B) educator information;
3040  (C) financial information; or
3041  (D) other information requested by the state board.
3042  (b) "LEA financial information system" or "LEA's financial information system" means
3043  an LEA data system used for financial information.
3044  (c) "Parent" means the same as that term is defined in Section 53G-6-201.
3045  (d) "Utah school information management system" or "information management
3046  system" means the state board's data collection and reporting system described in this
3047  section.
3048  (e) "User" means an individual who has authorized access to the information
3049  management system.
3050     (2) On or before July 1, 2024, the state board shall have in place an information
3051  management system that meets the requirements described in this section.
3052     (3) The state board shall ensure that the information management system:
3053  (a) interfaces with:
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3054  (i) an LEA's data systems that meet the requirements described in Subsection (7);
3055  (ii) where appropriate, the systems described in Subsections 53-10-302(7) and (8);
3056  and
3057  (iii) the public safety portal described in Section [63A-16-1002] 75E-2-210;[ and]
3058        (b) serves as the mechanism for the state board to collect and report on all data that
3059  LEAs submit to the state board related to:
3060  (i) student information;
3061  (ii) educator information;
3062  (iii) financial information; and
3063  (iv) other information requested by the state board;
3064        (c) includes a web-based user interface through which a user may:
3065  (i) enter data;
3066  (ii) view data; and
3067  (iii) generate customizable reports;
3068        (d) includes a data warehouse and other hardware or software necessary to store or
3069  process data submitted by an LEA;
3070        (e) provides for data privacy, including by complying with Chapter 9, Student Privacy
3071  and Data Protection;
3072        (f) restricts user access based on each user's role; and
3073        (g) meets requirements related to a student achievement backpack described in Section
3074  53E-3-511.
3075    (4) On or before January 31, 2026, the state board shall:
3076        (a) ensure the information management system described in this section allows for the
3077  transfer of a student's transcript, current IEP, or Section 504 accommodation plan,
3078  including the tracking of necessary accommodations and services between:
3079  (i) different LEA student information systems; and
3080  (ii) an authorized online course provider and a primary LEA; and
3081        (b) ensure the transfer capability described in Subsection (4)(a) is available for the same
3082  use within the operating system the state board uses for the Statewide Online
3083  Education Program described in Title 53F, Chapter 4, Part 5, Statewide Online
3084  Education Program.
3085    (5) The state board shall establish the restrictions on user access described in Subsection
3086        (3)(f).
3087    (6)(a) The state board shall make rules that establish the required capabilities for an LEA
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3088  financial information system.
3089  (b) In establishing the required capabilities for an LEA financial information system, the
3090  state board shall consider metrics and capabilities requested by the state treasurer or
3091  state auditor.
3092     (7)(a) On or before July 1, 2024, an LEA shall ensure that:
3093  (i) all of the LEA's data systems:
3094  (A) meet the data standards established by the state board in accordance with
3095  Section 53E-3-501;
3096  (B) are fully compatible with the state board's information management system;
3097  and
3098  (C) meet specification standards determined by the state board; and
3099  (ii) the LEA's financial information system meets the requirements described in
3100  Subsection (6).
3101  (b) An LEA shall ensure that an LEA data system purchased or developed on or after
3102  May 14, 2019, will be compatible with the information management system when the
3103  information management system is fully operational.
3104     (8)(a) Subject to appropriations and Subsection (8)(b), the state board may use an
3105  appropriation under this section to help an LEA meet the requirements in the rules
3106  described in Subsection (6) by:
3107  (i) providing to the LEA funding for implementation and sustainment of the LEA
3108  financial information system, either through:
3109  (A) awarding a grant to the LEA; or
3110  (B) providing a reimbursement to the LEA; or
3111  (ii) in accordance with Title 63G, Chapter 6a, Utah Procurement Code, procuring a
3112  financial information system on behalf of an LEA for the LEA to use as the LEA's
3113  financial information system.
3114  (b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
3115  state board shall make rules describing:
3116  (i) how an LEA may apply to the state board for the assistance described in
3117  Subsection (8)(a); and
3118  (ii) criteria for the state board to provide the assistance to an LEA.
3119     (9)(a) Beginning July 1, 2024, the state board may take action against an LEA that is out
3120  of compliance with a requirement described in Subsection (7) until the LEA complies
3121  with the requirement.
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3122        (b) An action described in Subsection (9)(a) may include the state board withholding
3123  funds from the LEA.
3124    (10)(a) For purposes of this Subsection (10), "education record" means the same as that
3125        term is defined in 20 U.S.C. Sec. 1232g.
3126        (b) The state board shall, by rule made in accordance with Title 63G, Chapter 3, Utah
3127  Administrative Rulemaking Act, establish a procedure under which:
3128  (i) a parent may submit information as part of the education records for the parent's
3129  student;
3130  (ii) the information submitted by the parent is maintained as part of the education
3131  records for the parent's student;
3132  (iii) information submitted by the parent and maintained as part of the education
3133  records for the parent's student may be removed at the request of the parent; and
3134  (iv) a parent has access only to the education records of the parent's student in
3135  accordance with Subsection (10)(d).
3136        (c) The rules made under this Subsection (10) shall allow a parent to submit or remove
3137  information submitted by the parent under this Subsection (10) at least annually,
3138  including at the time of:
3139  (i) registering a student in a school; or
3140  (ii) changing the school in which a student attends.
3141        (d) Subject to the federal Family Education Rights and Privacy Act, 20 U.S.C. Sec.
3142  1232g, and related regulations, the state board shall provide a parent access to an
3143  education record concerning the parent's student.
3144        (e) The state board shall create in the information management system a record tracking
3145  interoperability of education records described in this Subsection (10) when a student
3146  is transitioning between schools or between LEAs.
3147  Section 42. Section 53F-2-410 is amended to read:
3148  53F-2-410 (Effective 07/01/26). Juvenile gang and other violent crime prevention
3149    and intervention program -- Funding.
3150    (1) As used in this section:
3151        (a) "State agency" means a department, division, office, entity, agency, or other unit of
3152  the state.
3153        (b) "State agency" includes the [State Commission on Criminal and Juvenile Justice]
3154  Department of Criminal Justice, the Administrative Office of the Courts, the
3155  Department of Corrections, and the Division of Juvenile Justice Services.
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3156     (2) Subject to appropriations by the Legislature, the state board shall:
3157  (a) create a juvenile gang and other violent crime prevention and intervention program
3158  that is designed to help students at risk for violent criminal involvement stay in
3159  school; and
3160  (b) distribute money under the program to school districts and charter schools through
3161  the distribution formula described in Subsection (3).
3162     (3) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
3163  state board shall coordinate with state agencies to make rules that:
3164  (a) establish a formula to allocate program funding to schools in select school districts
3165  and charter schools that:
3166  (i) uses the data reported to the state board, the [State Commission on Criminal and
3167  Juvenile Justice] Department of Criminal Justice, the Administrative Office of the
3168  Courts, the Department of Corrections, and the Division of Juvenile Justice
3169  Services;
3170  (ii) prioritizes the schools in school districts and charter schools based on the
3171  prevalence of crimes committed by minors within the boundaries of each
3172  municipality where a school is located; and
3173  (iii) prioritizes school districts and charter schools that demonstrate collaborative
3174  efforts with local law enforcement agencies and community prevention[.] ;
3175  (b) annually adjust the distribution of program funding using the data reported to the
3176  state board under Section 80-6-104; and
3177  (c) establish baseline performance standards that school districts or charter schools are
3178  required to meet in order to receive funding under the program.
3179     (4)(a) A school district or a charter school seeking program funding shall submit a
3180  proposal to the state board that:
3181  (i) describes how the school district or charter school intends to use the funds; and
3182  (ii) provides data related to the prevalence of crimes committed by minors within the
3183  school district as described in Subsection (3)(a)(ii).
3184  (b) The state board shall allocate funding on a per student basis to prioritized school
3185  districts and charter schools that submit a successful proposal under Subsection (4)(a).
3186     (5) The state board may not distribute funds to a school district or a charter school that fails
3187  to meet performance standards described in Subsection (3)(c).
3188     (6) A school district or a charter school that is awarded funds under this section shall
3189  submit a report to the state board that includes details on:
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3190        (a) how the school district or the charter school used the funds; and
3191        (b) the school district's, or the charter school's, compliance with the performance
3192  standards described in Subsection (3)(c).
3193  Section 43. Section 53G-6-806 is amended to read:
3194  53G-6-806 (Effective 07/01/26). Parent portal.
3195    (1) As used in this section:
3196        (a) "Parent portal" means the posting the state board is required to provide under this
3197  section.
3198        (b) "School" means a public elementary or secondary school, including a charter school.
3199    (2)(a) The state board shall post information that allows a parent of a student enrolled in
3200        a school to:
3201  (i) access an LEA's policies required by Sections 53G-9-203 and 53G-9-605;
3202  (ii) be informed of resources and steps to follow when a student has been the subject,
3203  perpetrator, or bystander of bullying, cyber-bullying, hazing, retaliation, or
3204  abusive conduct such as:
3205  (A) resources for the student, including short-term mental health services;
3206  (B) options for the student to make changes to the student's educational
3207  environment;
3208  (C) options for alternative school enrollment;
3209  (D) options for differentiated start or stop times;
3210  (E) options for differentiated exit and entrance locations; and
3211  (F) the designated employee for an LEA who addresses incidents of bullying,
3212  cyber-bullying, hazing, retaliation, and abusive conduct;
3213  (iii) be informed of the steps and resources for filing a grievance with a school or
3214  LEA regarding bullying, cyber-bullying, hazing, or retaliation;
3215  (iv) be informed of the steps and resources for seeking accommodations under the
3216  Americans with Disabilities Act of 1990, 42 U.S.C. Sec. 12101 et seq.;
3217  (v) be informed of the steps and resources for seeking accommodations under state or
3218  federal law regarding religious accommodations;
3219  (vi) be informed of the steps and resources for filing a grievance for an alleged
3220  violation of state or federal law, including:
3221  (A) Title VI of the Civil Rights Act of 1964, 42 U.S.C. Sec. 2000d-2000d-4;
3222  (B) Title IX of the Education Amendments of 1972, 20 U.S.C. Sec. 1681-1688;
3223  (C) Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. Sec. 794; and
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3224  (D) Title II of the Americans with Disabilities Act of 1990, 42 U.S.C. Sec.
3225  12131-12165;
3226  (vii) receive information about constitutional rights and freedoms afforded to families
3227  in public education;
3228  (viii) be informed of how to access an internal audit hotline if established by the state
3229  board; and
3230  (ix) be informed of services for military families.
3231  (b) In addition to the information required under Subsection (2)(a), the state board:
3232  (i) shall include in the parent portal:
3233  (A) the comparison tool created under Section 53G-6-805;
3234  (B) school level safety data, including data points described in Section 53E-3-516;
3235  and
3236  (C) a link to the public safety portal described in Section [63A-16-1002] 75E-2-210;
3237  and
3238  (ii) may include in the parent portal other information that the state board determines
3239  is helpful to parents.
3240     (3)(a) The state board shall post the parent portal at a location that is easily located by a
3241  parent.
3242  (b) The state board shall update the parent portal at least annually.
3243  (c) In accordance with state and federal law, the state board may collaborate with a
3244  third-party to provide safety data visualization in comparison to other states' data.
3245     (4) An LEA shall annually notify each of the following of how to access the parent portal:
3246  (a) a parent of a student; and
3247  (b) a teacher, principal, or other professional staff within the LEA.
3248  Section 44. Section 53G-8-702 is amended to read:
3249  53G-8-702 (Effective 07/01/26). School administrator and school resource officer
3250     training -- Curriculum.
3251     (1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
3252  state security chief appointed under Section 53-22-102 in consultation with the state
3253  board, shall make rules that prepare and make available an annual program for school
3254  principals, school personnel, school safety personnel described in Section 53G-8-701.5,
3255  and school resource officers to attend.
3256     (2) To create the curriculum and materials for the training program described in Subsection
3257  (1), the state security chief, in consultation with the School Safety Center, shall:
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3258        (a) work in conjunction with the [State Commission on Criminal and Juvenile Justice]
3259  Department of Criminal Justice created in Section [63M-7-201] 75E-2-102;
3260        (b) solicit input from local school boards, charter school governing boards, and the Utah
3261  Schools for the Deaf and the Blind;
3262        (c) consult with a nationally recognized organization that provides resources and
3263  training for school resource officers;
3264        (d) solicit input from local law enforcement and other interested community
3265  stakeholders; and
3266        (e) consider the current United States Department of Education recommendations on
3267  school discipline and the role of a school resource officer.
3268    (3) The training program described in Subsection (1) shall be for a minimum time
3269        established by the state security chief in accordance with Subsection (1) and may
3270        include training on the following:
3271        (a) childhood and adolescent development;
3272        (b) responding age-appropriately to students;
3273        (c) working with disabled students;
3274        (d) techniques to de-escalate and resolve conflict;
3275        (e) cultural awareness;
3276        (f) restorative justice practices;
3277        (g) identifying a student exposed to violence or trauma and referring the student to
3278  appropriate resources;
3279        (h) student privacy rights;
3280        (i) negative consequences associated with youth involvement in the juvenile and
3281  criminal justice systems;
3282        (j) strategies to reduce juvenile justice involvement;
3283        (k) roles of and distinctions between a school resource officer and other school staff who
3284  help keep a school secure;
3285        (l) the standard response protocol and drills described in Section 53G-8-803;
3286        (m) an overview of the agreement described in Section 53G-8-703;
3287        (n) developing and supporting successful relationships with students; and
3288        (o) legal parameters of searching and questioning students on school property.
3289    (4) The School Safety Center shall work together with the Department of Public Safety, the [
3290        State Commission on Criminal and Juvenile Justice] Department of Criminal Justice, and
3291        state and local law enforcement to establish policies, procedures, and training
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3292  requirements for school resource officers.
3293  Section 45. Section 58-11a-503 is amended to read:
3294  58-11a-503 (Effective 07/01/26). Penalties.
3295     (1) Unless Subsection (2) applies, an individual who commits an act of unlawful conduct
3296  under Section 58-11a-502 or who fails to comply with a citation issued under this
3297  section after the citation is final is guilty of a class A misdemeanor.
3298     (2) Sexual conduct that violates Section 58-11a-502 and [Title 76, Utah Criminal Code]
3299  Title 76, Criminal Offenses, shall be subject to the applicable penalties in [Title 76, Utah
3300  Criminal Code] Title 76, Criminal Offenses.
3301     (3) Grounds for immediate suspension of an individual's license or permit by the division
3302  include the issuance of a citation for violation of Subsection 58-11a-502(1), (3), (4), (5),
3303  or (6).
3304     (4) If upon inspection or investigation, the division concludes that an individual has
3305  violated the provisions of Subsection 58-11a-502(1), (3), (4), (5), or (6), or a rule or
3306  order issued with respect to Subsection 58-11a-502(1), (3), (4), (5), or (6), and that
3307  disciplinary action is appropriate, the director or the director's designee from within the
3308  division shall promptly issue a citation to the individual according to this chapter and
3309  any pertinent rules, attempt to negotiate a stipulated settlement, or notify the individual
3310  to appear before an adjudicative proceeding conducted under Title 63G, Chapter 4,
3311  Administrative Procedures Act.
3312     (5) An individual that is in violation of Subsection 58-11a-502(1), (3), (4), (5), or (6), as
3313  evidenced by an uncontested citation, a stipulated settlement, or finding of violation in
3314  an adjudicative proceeding, may be assessed a fine in accordance with this Subsection
3315  (5) and may, in addition to or in lieu of a fine, be ordered to cease and desist from
3316  violating Subsection 58-11a-502(1), (3), (4), (5), or (6).
3317     (6) Except for a cease and desist order, the licensure sanctions described in Section
3318  58-11a-401 may not be assessed through a citation.
3319     (7)(a) Each citation shall be in writing and describe with particularity the nature of the
3320  violation, including a reference to the provision of the chapter, rule, or order alleged
3321  to have been violated.
3322  (b) The citation shall clearly state that the recipient [must] shall notify the division in
3323  writing within 20 calendar days of service of the citation if the recipient wishes to
3324  contest the citation at a hearing conducted under Title 63G, Chapter 4,
3325  Administrative Procedures Act.
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3326        (c) The citation shall clearly explain the consequences of failure to timely contest the
3327  citation or to make payment of a fine assessed by the citation within the time
3328  specified in the citation.
3329        (d) Each citation issued under this section, or a copy of each citation, may be served
3330  upon an individual upon whom a summons may be served in accordance with the
3331  Utah Rules of Civil Procedure and may be made personally or upon the individual's
3332  agent by a division investigator or by an individual specially designated by the
3333  director or by mail.
3334        (e)(i) If within 20 calendar days from the service of a citation, the individual to which
3335  the citation was issued fails to request a hearing to contest the citation, the citation
3336  becomes the final order of the division and is not subject to further agency review.
3337  (ii) The period to contest a citation may be extended by the division for cause.
3338        (f) The division may refuse to issue or renew, suspend, revoke, or place on probation the
3339  license or permit of an individual that fails to comply with a citation after the citation
3340  becomes final.
3341        (g) The failure of an applicant for licensure to comply with a citation after the citation
3342  becomes final is a ground for denial of license.
3343        (h) The director or the director's designee from within the division may not issue a
3344  citation under this section more than one year after the date on which the violation
3345  that is the subject of the citation is reported to the division.
3346        (i) The director or the director's designee shall assess fines as follows:
3347  (i) for a first offense under Subsection (4), a fine of up to $1,000;
3348  (ii) for a second offense under Subsection (4), a fine of up to $2,000; and
3349  (iii) for any subsequent offense under Subsection (4), a fine of up to $2,000 for each
3350  day of continued offense.
3351        (j) For purposes of issuing a final order under this section and assessing a fine under
3352  Subsection (7)(i), an offense constitutes a second or subsequent offense if:
3353  (i) the division previously issued a final order determining that an individual
3354  committed a first or second offense in violation of Subsection 58-11a-502(1), (3),
3355  (4), (5), or (6); or
3356  (ii)(A) the division initiated an action for a first or second offense;
3357  (B) no final order has been issued by the division in the action initiated under
3358  Subsection (7)(j)(ii)(A);
3359  (C) the division determines during an investigation that occurred after the
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3360  initiation of the action under Subsection (7)(j)(ii)(A) that the individual
3361  committed a second or subsequent violation of Subsection 58-11a-502(1), (3),
3362  (4), (5), or (6); and
3363  (D) after determining that the individual committed a second or subsequent
3364  offense under Subsection (7)(j)(ii)(C), the division issues a final order on the
3365  action initiated under Subsection (7)(j)(ii)(A).
3366  (k) In issuing a final order for a second or subsequent offense under Subsection (7)(j),
3367  the division shall comply with the requirements of this section.
3368     (8)(a) A penalty imposed by the director under Subsection (7)(i) shall be deposited into
3369  the Cosmetology and Associated Professions Education and Enforcement Fund.
3370  (b) The director may collect an unpaid penalty by:
3371  (i) referring the matter to a collection agency; or
3372  (ii) bringing an action in the district court of the county in which the individual
3373  against whom the penalty is imposed resides or in the county where the office of
3374  the director is located.
3375  (c) A county attorney or the attorney general of the state shall provide legal assistance
3376  and advice to the director in an action to collect a penalty.
3377  (d) A court shall award reasonable attorney fees and costs to the prevailing party in an
3378  action brought by the division to collect a penalty.
3379  Section 46. Section 58-37-2 is amended to read:
3380  58-37-2 (Effective 07/01/26). Definitions.
3381     (1) As used in this chapter:
3382  (a) "Administer" means the direct application of a controlled substance, whether by
3383  injection, inhalation, ingestion, or any other means, to the body of a patient or
3384  research subject by:
3385  (i) a practitioner or, in the practitioner's presence, by the practitioner's authorized
3386  agent; or
3387  (ii) the patient or research subject at the direction and in the presence of the
3388  practitioner.
3389  (b) "Agent" means an authorized person who acts on behalf of or at the direction of a
3390  manufacturer, distributor, or practitioner but does not include a motor carrier, public
3391  warehouseman, or employee of any of them.
3392  (c) "Consumption" means ingesting or having any measurable amount of a controlled
3393  substance in a person's body, but this Subsection (1)(c) does not include the
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3394  metabolite of a controlled substance.
3395        (d) "Continuing criminal enterprise" means any individual, sole proprietorship,
3396  partnership, corporation, business trust, association, or other legal entity, and any
3397  union or groups of individuals associated in fact although not a legal entity, and
3398  includes illicit as well as licit entities created or maintained for the purpose of
3399  engaging in conduct which constitutes the commission of episodes of activity made
3400  unlawful by this chapter, Chapter 37a, Utah Drug Paraphernalia Act, Chapter 37b,
3401  Imitation Controlled Substances Act, Chapter 37c, Utah Controlled Substance
3402  Precursor Act, or Chapter 37d, Clandestine Drug Lab Act, which episodes are not
3403  isolated, but have the same or similar purposes, results, participants, victims, methods
3404  of commission, or otherwise are interrelated by distinguishing characteristics. Taken
3405  together, the episodes shall demonstrate continuing unlawful conduct and be related
3406  either to each other or to the enterprise.
3407        (e) "Control" means to add, remove, or change the placement of a drug, substance, or
3408  immediate precursor under Section 58-37-3.
3409        (f)(i) "Controlled substance" means a drug or substance:
3410  (A) included in Schedules I, II, III, IV, or V of Section 58-37-4;
3411  (B) included in Schedules I, II, III, IV, or V of the federal Controlled Substances
3412  Act, Title II, P.L. 91-513;
3413  (C) that is a controlled substance analog; or
3414  (D) listed in Section 58-37-4.2.
3415  (ii) "Controlled substance" does not include:
3416  (A) distilled spirits, wine, or malt beverages, as those terms are defined in Title
3417  32B, Alcoholic Beverage Control Act;
3418  (B) any drug intended for lawful use in the diagnosis, cure, mitigation, treatment,
3419  or prevention of disease in human or other animals, which contains ephedrine,
3420  pseudoephedrine, norpseudoephedrine, or phenylpropanolamine if the drug is
3421  lawfully purchased, sold, transferred, or furnished as an over-the-counter
3422  medication without prescription; or
3423  (C) dietary supplements, vitamins, minerals, herbs, or other similar substances
3424  including concentrates or extracts, which:
3425  (I) are not otherwise regulated by law; and
3426  (II) may contain naturally occurring amounts of chemical or substances listed
3427  in this chapter, or in rules [adopted pursuant to] made in accordance with
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3428  Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
3429  (g)(i) "Controlled substance analog" means:
3430  (A) a substance the chemical structure of which is substantially similar to the
3431  chemical structure of a controlled substance listed in Schedules I and II of
3432  Section 58-37-4, a substance listed in Section 58-37-4.2, or in Schedules I and
3433  II of the federal Controlled Substances Act, Title II, P.L. 91-513;
3434  (B) a substance that has a stimulant, depressant, or hallucinogenic effect on the
3435  central nervous system substantially similar to the stimulant, depressant, or
3436  hallucinogenic effect on the central nervous system of controlled substances
3437  listed in Schedules I and II of Section 58-37-4, substances listed in Section
3438  58-37-4.2, or substances listed in Schedules I and II of the federal Controlled
3439  Substances Act, Title II, P.L. 91-513; or
3440  (C) [A] a substance that, with respect to a particular individual, is represented or
3441  intended to have a stimulant, depressant, or hallucinogenic effect on the central
3442  nervous system substantially similar to the stimulant, depressant, or
3443  hallucinogenic effect on the central nervous system of controlled substances
3444  listed in Schedules I and II of Section 58-37-4, substances listed in Section
3445  58-37-4.2, or substances listed in Schedules I and II of the federal Controlled
3446  Substances Act, Title II, P.L. 91-513.
3447  (ii) "Controlled substance analog" does not include:
3448  (A) a controlled substance currently scheduled in Schedules I through V of
3449  Section 58-37-4;
3450  (B) a substance for which there is an approved new drug application;
3451  (C) a substance with respect to which an exemption is in effect for investigational
3452  use by a particular person under Section 505 of the Food, Drug, and Cosmetic
3453  Act, 21 U.S.C. Sec. 355, to the extent the conduct with respect to the substance
3454  is permitted by the exemption;
3455  (D) any substance to the extent not intended for human consumption before an
3456  exemption takes effect with respect to the substance;
3457  (E) any drug intended for lawful use in the diagnosis, cure, mitigation, treatment,
3458  or prevention of disease in man or other animals, which contains ephedrine,
3459  pseudoephedrine, norpseudoephedrine, or phenylpropanolamine if the drug is
3460  lawfully purchased, sold, transferred, or furnished as an over-the-counter
3461  medication without prescription; or
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3462  (F) dietary supplements, vitamins, minerals, herbs, or other similar substances
3463  including concentrates or extracts, which are not otherwise regulated by law,
3464  which may contain naturally occurring amounts of chemical or substances
3465  listed in this chapter, or in rules [adopted pursuant to] made in accordance with
3466  Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
3467        (h)(i) "Conviction" means a determination of guilt by verdict, whether jury or bench,
3468  or plea, whether guilty or no contest, for any offense proscribed by:
3469  (A) this chapter;
3470  (B) Chapter 37a, Utah Drug Paraphernalia Act;
3471  (C) Chapter 37b, Imitation Controlled Substances Act;
3472  (D) Chapter 37c, Utah Controlled Substance Precursor Act; or
3473  (E) Chapter 37d, Clandestine Drug Lab Act; or
3474  (ii) for any offense under the laws of the United States and any other state which, if
3475  committed in this state, would be an offense under:
3476  (A) this chapter;
3477  (B) Chapter 37a, Utah Drug Paraphernalia Act;
3478  (C) Chapter 37b, Imitation Controlled Substances Act;
3479  (D) Chapter 37c, Utah Controlled Substance Precursor Act; or
3480  (E) Chapter 37d, Clandestine Drug Lab Act.
3481        (i) "Counterfeit substance" means:
3482  (i) any controlled substance or container or labeling of any controlled substance that:
3483  (A) without authorization bears the trademark, trade name, or other identifying
3484  mark, imprint, number, device, or any likeness of them, of a manufacturer,
3485  distributor, or dispenser other than the person or persons who in fact
3486  manufactured, distributed, or dispensed the substance which falsely purports to
3487  be a controlled substance distributed by any other manufacturer, distributor, or
3488  dispenser; and
3489  (B) a reasonable person would believe to be a controlled substance distributed by
3490  an authorized manufacturer, distributor, or dispenser based on the appearance
3491  of the substance as described under Subsection (1)(i)(i)(A) or the appearance of
3492  the container of that controlled substance; or
3493  (ii) any substance other than under Subsection (1)(i)(i) that:
3494  (A) is falsely represented to be any legally or illegally manufactured controlled
3495  substance; and
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3496  (B) a reasonable person would believe to be a legal or illegal controlled substance.
3497  (j) "Deliver" or "delivery" means the actual, constructive, or attempted transfer of a
3498  controlled substance or a listed chemical, [whether or not] regardless of whether an
3499  agency relationship exists.
3500  (k) "Department" means the Department of Commerce.
3501  (l) "Depressant or stimulant substance" means:
3502  (i) a drug which contains any quantity of barbituric acid or any of the salts of
3503  barbituric acid;
3504  (ii) a drug which contains any quantity of:
3505  (A) amphetamine or any of its optical isomers;
3506  (B) any salt of amphetamine or any salt of an optical isomer of amphetamine; or
3507  (C) any substance which the [Secretary] secretary of Health and Human Services
3508  or the [Attorney General] attorney general of the United States after
3509  investigation has found and by regulation designated habit-forming because of [
3510  its] the substance's stimulant effect on the central nervous system;
3511  (iii) lysergic acid diethylamide; or
3512  (iv) any drug which contains any quantity of a substance which the [Secretary]
3513  secretary of Health and Human Services or the [Attorney General] attorney general
3514  of the United States after investigation has found to have, and by regulation
3515  designated as having, a potential for abuse because of [its] the substance's
3516  depressant or stimulant effect on the central nervous system or [its] the substance's
3517  hallucinogenic effect.
3518  (m) "Dispense" means the delivery of a controlled substance by a pharmacist to an
3519  ultimate user [pursuant to] in accordance with the lawful order or prescription of a
3520  practitioner, and includes distributing to, leaving with, giving away, or disposing of
3521  that substance as well as the packaging, labeling, or compounding necessary to
3522  prepare the substance for delivery.
3523  (n) "Dispenser" means a pharmacist who dispenses a controlled substance.
3524  (o) "Distribute" means to deliver other than by administering or dispensing a controlled
3525  substance or a listed chemical.
3526  (p) "Distributor" means a person who distributes controlled substances.
3527  (q) "Division" means the Division of Professional Licensing created in Section 58-1-103.
3528  (r)(i) "Drug" means:
3529  (A) a substance recognized in the official United States Pharmacopoeia, Official
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3530  Homeopathic Pharmacopoeia of the United States, or Official National
3531  Formulary, or any supplement to any of them, intended for use in the
3532  diagnosis, cure, mitigation, treatment, or prevention of disease in humans or
3533  animals;
3534  (B) a substance that is required by any applicable federal or state law or rule to be
3535  dispensed by prescription only or is restricted to administration by practitioners
3536  only;
3537  (C) a substance other than food intended to affect the structure or any function of
3538  the body of humans or other animals; and
3539  (D) substances intended for use as a component of any substance specified in
3540  Subsections (1)(r)(i)(A), (B), and (C).
3541  (ii) "Drug" does not include dietary supplements.
3542  (iii) "Drug" includes a food intended for human consumption that intentionally
3543  contains a vaccine or vaccine material as provided in Section 4-5-107.
3544        (s) "Drug dependent person" means any individual who unlawfully and habitually uses
3545  any controlled substance to endanger the public morals, health, safety, or welfare, or
3546  who is so dependent upon the use of controlled substances as to have lost the power
3547  of self-control with reference to the individual's dependency.
3548        (t)(i) "Food" means:
3549  (A) any nutrient or substance of plant, mineral, or animal origin other than a drug
3550  as specified in this chapter, and normally ingested by human beings; and
3551  (B) foods for special dietary uses as exist by reason of a physical, physiological,
3552  pathological, or other condition including the conditions of disease,
3553  convalescence, pregnancy, lactation, allergy, hypersensitivity to food,
3554  underweight, and overweight; uses for supplying a particular dietary need
3555  which exist by reason of age including the ages of infancy and childbirth, and
3556  also uses for supplementing and for fortifying the ordinary or unusual diet with
3557  any vitamin, mineral, or other dietary property for use of a food.
3558  (ii) Any particular use of a food is a special dietary use regardless of the nutritional
3559  purposes.
3560        (u) "Immediate precursor" means a substance which the [Attorney General] attorney
3561  general of the United States has found to be, and by regulation designated as being,
3562  the principal compound used or produced primarily for use in the manufacture of a
3563  controlled substance, or which is an immediate chemical intermediary used or likely
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3564  to be used in the manufacture of a controlled substance, the control of which is
3565  necessary to prevent, curtail, or limit the manufacture of the controlled substance.
3566  (v) "Indian" means a member of an Indian tribe.
3567  (w) "Indian religion" means a religion:
3568  (i) the origin and interpretation of which is from within a traditional Indian culture or
3569  community; and
3570  (ii) that is practiced by Indians.
3571  (x) "Indian tribe" means any tribe, band, nation, pueblo, or other organized group or
3572  community of Indians, including any Alaska Native village, which is legally
3573  recognized as eligible for and is consistent with the special programs, services, and
3574  entitlements provided by the United States to Indians because of their status as
3575  Indians.
3576  (y) "Manufacture" means the production, preparation, propagation, compounding, or
3577  processing of a controlled substance, either directly or indirectly by extraction from
3578  substances of natural origin, or independently by means of chemical synthesis or by a
3579  combination of extraction and chemical synthesis.
3580  (z) "Manufacturer" includes any person who packages, repackages, or labels any
3581  container of any controlled substance, except pharmacists who dispense or compound
3582  prescription orders for delivery to the ultimate consumer.
3583  (aa)(i) "Marijuana" means all species of the genus cannabis and all parts of the genus,
3584  whether growing or not, including:
3585  (A) seeds;
3586  (B) resin extracted from any part of the plant, including the resin extracted from
3587  the mature stalks;
3588  (C) every compound, manufacture, salt, derivative, mixture, or preparation of the
3589  plant, seeds, or resin;
3590  (D) any synthetic equivalents of the substances contained in the plant cannabis
3591  sativa or any other species of the genus cannabis which are chemically
3592  indistinguishable and pharmacologically active; and
3593  (E) any component part or cannabinoid extracted or isolated from the plant,
3594  including extracted or isolated tetrahydrocannabinols.
3595  (ii) "Marijuana" does not include:
3596  (A) the mature stalks of the plant;
3597  (B) fiber produced from the stalks;
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3598  (C) oil or cake made from the seeds of the plant;
3599  (D) except as provided in Subsection (1)(aa)(i), any other compound,
3600  manufacture, salt, derivative, mixture, or preparation of the mature stalks,
3601  fiber, oil or cake;
3602  (E) the sterilized seed of the plant which is incapable of germination;
3603  (F) any compound, mixture, or preparation approved by the federal Food and
3604  Drug Administration under the federal Food, Drug, and Cosmetic Act, 21
3605  U.S.C. Sec. 301 et seq. that is not listed in a schedule of controlled substances
3606  in Section 58-37-4 or in the federal Controlled Substances Act, Title II, P.L.
3607  91-513; or
3608  (G) transportable industrial hemp concentrate as that term is defined in Section
3609  4-41-102.
3610        (bb) "Money" means officially issued coin and currency of the United States or any
3611  foreign country.
3612        (cc) "Narcotic drug" means any of the following, whether produced directly or indirectly
3613  by extraction from substances of vegetable origin, or independently by means of
3614  chemical synthesis, or by a combination of extraction and chemical synthesis:
3615  (i) opium, coca leaves, and opiates;
3616  (ii) a compound, manufacture, salt, derivative, or preparation of opium, coca leaves,
3617  or opiates;
3618  (iii) opium poppy and poppy straw; or
3619  (iv) a substance, and any compound, manufacture, salt, derivative, or preparation of
3620  the substance, which is chemically identical with any of the substances referred to
3621  in Subsection (1)(cc)(i), (ii), or (iii), except narcotic drug does not include
3622  decocainized coca leaves or extracts of coca leaves which do not contain cocaine
3623  or ecgonine.
3624        (dd) "Negotiable instrument" means documents, containing an unconditional promise to
3625  pay a sum of money, which are legally transferable to another party by endorsement
3626  or delivery.
3627        (ee) "Opiate" means any drug or other substance having an addiction-forming or
3628  addiction-sustaining liability similar to morphine or being capable of conversion into
3629  a drug having addiction-forming or addiction-sustaining liability.
3630        (ff) "Opium poppy" means the plant of the species papaver somniferum L., except the
3631  seeds of the plant.
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3632  (gg) "Person" means any corporation, association, partnership, trust, other institution or
3633  entity or one or more individuals.
3634  (hh) "Poppy straw" means all parts, except the seeds, of the opium poppy, after mowing.
3635  (ii) "Possession" or "use" means the joint or individual ownership, control, occupancy,
3636  holding, retaining, belonging, maintaining, or the application, inhalation, swallowing,
3637  injection, or consumption, as distinguished from distribution, of controlled
3638  substances and includes individual, joint, or group possession or use of controlled
3639  substances. For a person to be a possessor or user of a controlled substance, it is not
3640  required that the person be shown to have individually possessed, used, or controlled
3641  the substance, but it is sufficient if it is shown that the person jointly participated with
3642  one or more persons in the use, possession, or control of any substances with
3643  knowledge that the activity was occurring, or the controlled substance is found in a
3644  place or under circumstances indicating that the person had the ability and the intent
3645  to exercise dominion and control over the controlled substance.
3646  (jj) "Practitioner" means a physician, dentist, naturopathic physician, veterinarian,
3647  pharmacist, scientific investigator, pharmacy, hospital, or other person licensed,
3648  registered, or otherwise permitted to distribute, dispense, conduct research with
3649  respect to, administer, or use in teaching or chemical analysis a controlled substance
3650  in the course of professional practice or research in this state.
3651  (kk) "Prescribe" means to issue a prescription:
3652  (i) orally or in writing; or
3653  (ii) by telephone, facsimile transmission, computer, or other electronic means of
3654  communication as defined by division rule.
3655  (ll) "Prescription" means an order issued:
3656  (i) by a licensed practitioner, in the course of that practitioner's professional practice
3657  or by collaborative pharmacy practice agreement; and
3658  (ii) for a controlled substance or other prescription drug or device for use by a patient
3659  or an animal.
3660  (mm) "Production" means the manufacture, planting, cultivation, growing, or harvesting
3661  of a controlled substance.
3662  (nn) "Securities" means any stocks, bonds, notes, or other evidences of debt or of
3663  property.
3664  (oo) "State" means the state of Utah.
3665  (pp) "Ultimate user" means any person who lawfully possesses a controlled substance
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       Enrolled Copy  S.B. 323
3666  for the person's own use, for the use of a member of the person's household, or for
3667  administration to an animal owned by the person or a member of the person's
3668  household.
3669    (2) If a term used in this chapter is not defined, the definition and terms of [Title 76, Utah
3670        Criminal Code] Title 76, Criminal Offenses, shall apply.
3671  Section 47. Section 58-47b-503 is amended to read:
3672  58-47b-503 (Effective 07/01/26) (Repealed 07/01/34). Penalties -- Individuals.
3673    (1) Except as provided in Subsection (2), an individual who commits an act of unlawful
3674        conduct under Section 58-47b-501 is guilty of a class A misdemeanor.
3675    (2) Sexual conduct that violates Section 58-47b-501 and [Title 76, Utah Criminal Code]
3676        Title 76, Criminal Offenses, shall be subject to the applicable penalties in [Title 76, Utah
3677        Criminal Code] Title 76, Criminal Offenses.
3678    (3) For acts of unprofessional conduct or unlawful conduct by an individual, the division
3679        may:
3680        (a) assess an administrative fine in accordance with Subsection 58-1-502(1); and
3681        (b) take any appropriate administrative action, which may include sending letters of
3682  concern to the municipality and the police department for the municipality in which
3683  the individual violates this chapter.
3684    (4) The division shall deposit an administrative fine imposed in accordance with this
3685        section into the Commerce Service Account.
3686    (5) If an individual has been convicted of violating Section 58-47b-501, before an
3687        administrative finding of a violation of the same section, the individual may not be
3688        assessed an administrative fine under this chapter for the same incident for which the
3689        conviction was obtained.
3690    (6)(a) If, upon an inspection described in Section 58-47b-601 or an investigation under
3691        this section, the division concludes that an individual has violated the provisions of
3692        Chapter 1, Division of Professional Licensing Act, Section 58-47b-501 or 58-47b-502,
3693        or any rule or order issued with respect to these provisions, and that disciplinary
3694        action is appropriate, the director or the director's designee from within the division
3695        shall:
3696  (i) notify the individual to appear before an adjudicative proceeding conducted under
3697  Title 63G, Chapter 4, Administrative Procedures Act;
3698  (ii) attempt to negotiate a stipulated settlement; or
3699  (iii) promptly issue a citation to the individual according to this chapter and any
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3700  pertinent rules.
3701  (b) The division shall suspend, revoke, place on probation, or refuse to issue or renew
3702  the license of a licensed individual that fails to comply with the citation after the
3703  citation becomes final.
3704  (c) Failure of an individual to comply with a citation after the citation becomes final is a
3705  ground for denial of license or renewal.
3706  (d) The division may not issue a citation under this section after one year from the date
3707  on which the violation that is the subject of the citation is reported to the division.
3708  (e)(i) In addition to or in lieu of an administrative fine authorized in Subsection (3),
3709  the division may assess a penalty to any person that is in violation of the
3710  provisions of Chapter 1, Division of Professional Licensing Act, Section
3711  58-47b-501 or 58-47b-502, or any rule or order issued with respect to these
3712  provisions, as evidenced by an uncontested citation, a stipulated settlement, or a
3713  finding of violation in an adjudicative proceeding.
3714  (ii) The penalty may be in an amount that is the greater of up to $10,000 per single
3715  violation or up to $2,000 per day of an ongoing violation in accordance with a
3716  penalty schedule established by rule.
3717  (iii) The division shall deposit a penalty imposed in accordance with this section into
3718  the Commerce Service Account.
3719  (iv) The director may collect a penalty that is not paid by:
3720  (A) referring the matter to a collection agency; or
3721  (B) bringing an action in the district court of the county where the individual
3722  against whom the penalty is imposed resides or in the county where the office
3723  of the director is located.
3724  (v) The division may consult with the county attorney or the attorney general of the
3725  state for legal assistance and advice in an action to collect a penalty.
3726  (vi) A court shall award reasonable attorney fees and costs to the prevailing party in
3727  an action brought by the division to collect a penalty.
3728  (vii) In addition to or in lieu of a penalty, the division may order the individual to
3729  cease and desist from violating the provisions of Chapter 1, Division of
3730  Professional Licensing Act, Section 58-47b-501 or 58-47b-502, or any rule or
3731  order issued with respect to these provisions.
3732     (7)(a) A citation under Subsection (6) shall:
3733  (i) be in writing and describe with particularity the nature of the violation, including
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3734  a reference to the provision of the chapter, rule, or order alleged to have been
3735  violated;
3736  (ii) state that the individual to whom the division issues the citation shall notify the
3737  division in writing within 20 calendar days of service of the citation to contest the
3738  citation at a hearing conducted under Title 63G, Chapter 4, Administrative
3739  Procedures Act; and
3740  (iii) explain the consequences of failure to timely contest the citation or to make
3741  payment of any penalties assessed by the citation within the time specified in the
3742  citation.
3743        (b) The division may serve a citation issued under this section, or a copy of each
3744  citation, upon any individual upon which a summons may be served:
3745  (i) in accordance with the Utah Rules of Civil Procedure;
3746  (ii) personally or upon the individual's agent by a division investigator or by any
3747  person specially designated by the director; or
3748  (iii) by mail.
3749        (c) If, within 20 calendar days after the day of service of a citation, the individual to
3750  whom the division issues the citation fails to request a hearing to contest the citation,
3751  the citation becomes the final order of the division and is not subject to further
3752  agency review.
3753        (d) The division may extend the period to contest the citation for cause.
3754    (8)(a) The division may suspend the license of a licensed individual without notice if:
3755  (i) there is a pattern of credible facts that the individual is attempting to operate a
3756  prostitution enterprise; or
3757  (ii) the individual is engaged in any form of human trafficking whether there is a
3758  violation of any other specific law, rule, or code.
3759        (b) If the division suspends the license of a licensed individual without notice, the
3760  division shall hold a hearing within 15 days.
3761  Section 48. Section 59-2-407 is amended to read:
3762  59-2-407 (Effective 07/01/26). Administration of uniform fees.
3763    (1)(a) Except as provided in Subsection 59-2-405(4) or 59-2-405.3(4), the uniform fee
3764        authorized in Sections 59-2-405, 59-2-405.3, and 72-10-110.5 shall be assessed at the
3765        same time and in the same manner as ad valorem personal property taxes under
3766        Chapter 2, Part 13, Collection of Taxes, except that in listing personal property
3767        subject to the uniform fee with real property as permitted by Section 59-2-1302, the
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3768  assessor or, if this duty has been reassigned in an ordinance under Section 17-74-102,
3769  the treasurer shall list only the amount of the uniform fee due, and not the taxable
3770  value of the property subject to the uniform fee.
3771  (b) Except as provided in Subsections 59-2-405.1(4), 59-2-405.2(5), and 59-2-405.3(4),
3772  the uniform fee imposed by Section 59-2-405.1, 59-2-405.2, or 59-2-405.3 shall be
3773  assessed at the time of:
3774  (i) registration as defined in Section 41-1a-102; and
3775  (ii) renewal of registration.
3776     (2) The remedies for nonpayment of the uniform fees authorized by Sections 59-2-405,
3777  59-2-405.1, 59-2-405.2, 59-2-405.3, and 72-10-110.5 shall be the same as those
3778  provided in Chapter 2, Part 13, Collection of Taxes, for nonpayment of ad valorem
3779  personal property taxes.
3780     (3) Any disclosure of information to a county for purposes of distributing a uniform fee
3781  under this part is not subject to [Title 77, Chapter 38, Part 6, Safe at Home Program]
3782  Title 75E, Chapter 11, Safe at Home Program.
3783  Section 49. Section 59-5-104 is amended to read:
3784  59-5-104 (Effective 07/01/26). Statements filed -- Contents -- Falsification as
3785     perjury.
3786     (1)(a) Every producer engaged in the production of oil or gas from any well or wells in
3787  the state shall file with the commission, on or before June 1 of each year, on forms
3788  furnished by the commission, a statement containing the information required by
3789  Subsection (1)(b) relating to the oil or gas:
3790  (i) produced; and
3791  (ii)(A) saved;
3792  (B) sold; or
3793  (C) transported from the field where the oil or gas was produced during the
3794  preceding calendar year.
3795  (b) The statement required in Subsection (1)(a) shall include:
3796  (i) the name, description, and location of:
3797  (A) every well or wells; and
3798  (B) every field in which the well or wells are located;
3799  (ii) the number of barrels of oil, the cubic feet of gas, and quantity of other
3800  hydrocarbon substances produced, including the percentage of production from
3801  lands held in trust by the United States for any federally recognized Indian tribe or [
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3802  its ] tribe members;
3803  (iii) the value of the oil or gas; and
3804  (iv) any other reasonable and necessary information required by the commission.
3805    (2) The statements or reports required to be filed with the commission shall be signed and
3806        sworn to by the producer or a designee.
3807    (3) Any willful false swearing as to the purported material facts set out in this report
3808        constitutes the crime of perjury and shall be punished as such under [Title 76, Utah
3809        Criminal Code] Title 76, Criminal Offenses.
3810  Section 50. Section 59-5-204 is amended to read:
3811  59-5-204 (Effective 07/01/26). Statements filed -- Contents -- Verification --
3812    Falsification as perjury.
3813    (1) Every person engaged in the business of mining or extracting metalliferous minerals
3814        shall make and file with the commission, on or before June 1 of each year on forms
3815        furnished by the commission, a statement containing:
3816        (a) the name, description, and location of the mine owned and operated by the person
3817  during the preceding calendar year;
3818        (b) the number of tons of mineral mined during the preceding calendar year and the
3819  disposition of the mineral;
3820        (c) the total amount received during the preceding calendar year from the sale of
3821  minerals; and
3822        (d) such other reasonable and necessary information as the commission may require for
3823  the proper enforcement of this chapter as specified in a rule [adopted] made under
3824  Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
3825    (2)(a) The owner of the mine shall be responsible for the statement or report required by
3826        this section, but the principal lessee, contractor, or operator may, with the consent of
3827        the commission, report and pay the tax as agent for the owner.[ ]
3828        (b) The owner shall be entitled to deduct and remit to the commission any tax
3829  chargeable upon the operations conducted by the lessees or other parties.
3830    (3)(a) The statements or reports required to be filed with the commission shall be signed
3831        and sworn to by the person required to file the statements or reports, by a partner if a
3832        partnership, or by the president, secretary, or managing officer, if a corporation.[ ]
3833        (b) Any willful false swearing as to the purported material facts set out in this report
3834  constitutes the crime of perjury and shall be punished as such under [Title 76, Utah
3835  Criminal Code] Title 76, Criminal Offenses.
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3836  Section 51. Section 61-2c-501.5 is amended to read:
3837  61-2c-501.5 (Effective 07/01/26). Definitions.
3838        As used in this part:
3839     (1) "Civil judgment" means a judgment in a civil action that:
3840  (a) is awarded in an action brought against a person licensed under this chapter on the
3841  basis of fraud, misrepresentation, or deceit in a residential mortgage loan transaction;
3842  and
3843  (b) awards actual damages.
3844     (2) "Criminal restitution judgment" means a judgment that, in accordance with [the Utah
3845  Code of Criminal Procedure] Title 77, Criminal Procedure, orders criminal restitution to
3846  a person and against a person licensed under this chapter for a criminal offense
3847  involving fraud, misrepresentation, or deceit in a residential mortgage loan transaction.
3848     (3) "Final judgment" means one of the following judgments upon termination of the
3849  proceedings related to the judgment, including appeals:
3850  (a) a civil judgment; or
3851  (b) a criminal restitution judgment.
3852     (4) "Fund" means the Residential Mortgage Loan Education, Research, and Recovery Fund
3853  created in Section 61-2c-501.
3854  Section 52. Section 61-2f-502 is amended to read:
3855  61-2f-502 (Effective 07/01/26). Definitions.
3856        For purposes of this part:
3857     (1) "Civil judgment" means a judgment in a civil action that:
3858  (a) is awarded in an action brought against a real estate licensee on the basis of fraud,
3859  misrepresentation, or deceit in a real estate transaction; and
3860  (b) awards actual damages.
3861     (2) "Criminal restitution judgment" means a judgment that, in accordance with [the Utah
3862  Code of Criminal Procedure] Title 77, Criminal Procedure, orders criminal restitution to
3863  a person and against a real estate licensee for a criminal offense involving fraud,
3864  misrepresentation, or deceit in a real estate transaction.
3865     (3) "Final judgment" means one of the following judgments upon termination of the
3866  proceedings related to the judgment, including appeals:
3867  (a) a civil judgment; or
3868  (b) a criminal restitution judgment.
3869     (4) "Fund" means the Real Estate Education, Research, and Recovery Fund created in
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       Enrolled Copy  S.B. 323
3870        Section 61-2f-503.
3871  Section 53. Section 63A-17-502 is amended to read:
3872  63A-17-502 (Effective 07/01/26). Overtime policies for state employees.
3873    (1) As used in this section:
3874        (a) "Accrued overtime hours" means:
3875  (i) for a nonexempt employee, overtime hours earned during a fiscal year that, at the
3876  end of the fiscal year, have not been paid and have not been taken as time off by
3877  the nonexempt state employee who accrued [them] the hours; and
3878  (ii) for an exempt employee, overtime hours earned during an overtime year.
3879        (b) "Appointed official" means:
3880  (i) each department executive director and deputy director, each division director, and
3881  each member of a board or commission; and
3882  (ii) any other person employed by a department who is appointed by, or whose
3883  appointment is required by law to be approved by, the governor and who:
3884  (A) is paid a salary by the state; and
3885  (B) who exercises managerial, policy-making, or advisory responsibility.
3886        (c) "Department" means, except as otherwise provided in this section, the Department of
3887  Government Operations, the Department of Corrections, the Department of Financial
3888  Institutions, the Department of Alcoholic Beverage Services, the Insurance
3889  Department, the Public Service Commission, the Labor Commission, the Department
3890  of Agriculture and Food, the Department of Health and Human Services, the
3891  Department of Natural Resources, the Department of Transportation, the Department
3892  of Commerce, the Department of Workforce Services, the State Tax Commission, the
3893  Department of Cultural and Community Engagement,[ the Department of Health,]
3894  the National Guard, the Department of Environmental Quality, the Department of
3895  Public Safety, the [Commission on Criminal and Juvenile Justice] Department of
3896  Criminal Justice, all merit employees except attorneys in the Office of the Attorney
3897  General, merit employees in the Office of the State Treasurer, merit employees in the
3898  Office of the State Auditor, Department of Veterans and Military Affairs, and the
3899  Board of Pardons and Parole.
3900        (d) "Elected official" means any person who is an employee of the state because the
3901  person was elected by the registered voters of Utah to a position in state government.
3902        (e) "Exempt employee" means a state employee who is exempt as defined by the FLSA.
3903        (f) "FLSA" means the Fair Labor Standards Act of 1978, 29 U.S.C. Sec. 201 et seq.
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3904  (g) "FLSA agreement" means the agreement authorized by the FLSA by which a
3905  nonexempt employee elects the form of compensation the nonexempt employee will
3906  receive for overtime.
3907  (h) "Nonexempt employee" means a state employee who is nonexempt as defined by the
3908  division applying FLSA requirements.
3909  (i) "Overtime" means actual time worked in excess of an employee's defined work
3910  period.
3911  (j) "Overtime year" means the year determined by a department under Subsection (5)(b)
3912  at the end of which an exempt employee's accrued overtime lapses.
3913  (k) "State employee" means every person employed by a department who is not:
3914  (i) an appointed official;
3915  (ii) an elected official; or
3916  (iii) a member of a board or commission who is paid only for per diem or travel
3917  expenses.
3918  (l) "Uniform annual date" means the date when an exempt employee's accrued overtime
3919  lapses.
3920  (m) "Work period" means:
3921  (i) for a nonexempt employee, except a nonexempt law enforcement or hospital
3922  employee, a consecutive seven day, 24 hour work period of 40 hours;
3923  (ii) for an exempt employee, a 14 day, 80 hour payroll cycle;
3924  (iii) for a nonexempt hospital employee, the period the division establishes by rule
3925  according to the requirements of the FLSA; or
3926  (iv) for a nonexempt law enforcement employee as defined in the FLSA:
3927  (A) who is employed by the Department of Natural Resources, the period the
3928  division establishes by rule according to the requirements of the FLSA; or
3929  (B) who is employed by a department other than the Department of Natural
3930  Resources, the period the division establishes by rule in accordance with
3931  Subsection (2).
3932     (2) Except for the Department of Natural Resources, the division shall require each
3933  department employing a nonexempt law enforcement employee to designate one of the
3934  following work periods applicable to that employee:
3935  (a) 80 hours in a 14 consecutive day payroll cycle; or
3936  (b) 160 hours in a 28 consecutive day payroll cycle.
3937     (3) Each department shall compensate each state employee who works overtime by
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3938        complying with the requirements of this section.
3939    (4)(a) Each department shall negotiate and obtain a signed FLSA agreement from each
3940        nonexempt employee.
3941        (b) In the FLSA agreement, the nonexempt employee shall elect either to be
3942  compensated for overtime by:
3943  (i) taking time off work at the rate of one and one-half hour off for each overtime
3944  hour worked; or
3945  (ii) being paid for the overtime worked at the rate of one and one-half times the
3946  employee's regular hourly wage.
3947        (c) A nonexempt employee who elects to take time off under this Subsection (4) shall be
3948  paid for any overtime worked in excess of the cap established by the division.
3949        (d) Before working any overtime, a nonexempt employee shall obtain authorization to
3950  work overtime from the employee's immediate supervisor.
3951        (e) Each department shall:
3952  (i) for an employee who elects to be compensated with time off for overtime, allow
3953  overtime earned during a fiscal year to be accumulated; and
3954  (ii) for an employee who elects to be paid for overtime worked, pay them for
3955  overtime worked in the paycheck for the pay period in which the employee
3956  worked the overtime.
3957        (f) If a department pays a nonexempt employee for overtime, that department shall
3958  charge that payment to that department's budget.
3959        (g) At the end of each fiscal year, the Division of Finance shall total all the accrued
3960  overtime hours for nonexempt employees and charge that total against the
3961  appropriate fund or subfund.
3962    (5)(a)(i) Except as provided in Subsection (5)(a)(ii), each department shall
3963        compensate each exempt employee who works overtime by granting the employee
3964        time off at the rate of one hour off for each hour of overtime worked.
3965  (ii) The director of the division may grant limited exceptions to the compensation
3966  requirement described in Subsection (5)(a)(i), where work circumstances dictate,
3967  by authorizing a department to pay an exempt employee for overtime worked at
3968  the employee's regular hourly wage if that department has funds available.
3969        (b)(i) Each department shall:
3970  (A) establish in [its] the department's written human resource policies a uniform
3971  annual date for each division that is at the end of any pay period; and
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3972  (B) communicate the uniform annual date to [its] the department's employees.
3973  (ii) If any department fails to establish a uniform annual date as required by this
3974  Subsection (5), the director of the division, in conjunction with the director of the
3975  Division of Finance, shall establish the date for that department.
3976  (c) The overtime authorized for an exempt employee under this Subsection (5) is not an
3977  entitlement, a benefit, or a vested right.
3978  (d) At the end of the overtime year, upon transfer to another department at any time, and
3979  upon termination, retirement, or other situations where the employee will not return
3980  to work before the end of the overtime year:
3981  (i) any of an exempt employee's overtime that is more than the maximum established
3982  by division rule lapses; and
3983  (ii) unless authorized by the director of the division under Subsection (5)(a)(ii), a
3984  department may not compensate the exempt employee for that lapsed overtime by
3985  paying the employee for the overtime or by granting the employee time off for the
3986  lapsed overtime.
3987  (e) Before working any overtime, each exempt employee shall obtain authorization to
3988  work overtime from the exempt employee's immediate supervisor.
3989  (f) If a department pays an exempt employee for overtime under authorization from the
3990  director of the division, that department shall charge that payment to that
3991  department's budget in the pay period earned.
3992     (6) The division shall:
3993  (a) ensure that the provisions of the FLSA and this section are implemented throughout
3994  state government;
3995  (b) determine, for each state employee, whether the employee is exempt, nonexempt,
3996  law enforcement, or has some other status under the FLSA;
3997  (c) in coordination with modifications to the systems operated by the Division of
3998  Finance, make rules, in accordance with Title 63G, Chapter 3, Utah Administrative
3999  Rulemaking Act:
4000  (i) establishing procedures for recording overtime worked that comply with FLSA
4001  requirements;
4002  (ii) establishing requirements governing overtime worked while traveling and
4003  procedures for recording that overtime that comply with FLSA requirements;
4004  (iii) establishing requirements governing overtime worked if the employee is "on
4005  call" and procedures for recording that overtime that comply with FLSA
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4006  requirements;
4007  (iv) establishing requirements governing overtime worked while an employee is
4008  being trained and procedures for recording that overtime that comply with FLSA
4009  requirements;
4010  (v) subject to the FLSA and Subsection (2), establishing the maximum number of
4011  hours that a nonexempt employee may accrue before a department is required to
4012  pay the employee for the overtime worked;
4013  (vi) subject to the FLSA, establishing the maximum number of overtime hours for an
4014  exempt employee that do not lapse; and
4015  (vii) establishing procedures for adjudicating appeals of an FLSA determination
4016  made by the division as required by this section;
4017        (d) monitor departments for compliance with the FLSA; and
4018        (e) recommend to the Legislature and the governor any statutory changes necessary
4019  because of federal government action.
4020    (7)(a) In coordination with the procedures for recording overtime worked established in
4021        rule by the division, the Division of Finance shall modify its payroll and human
4022        resource systems to accommodate those procedures.
4023        (b) Notwithstanding the procedures and requirements of Title 63G, Chapter 4,
4024  Administrative Procedures Act, Section 63A-17-602, and Section 67-19a-301, an
4025  employee who is aggrieved by the FLSA designation made by the division as
4026  required by this section may appeal that determination to the director of the division
4027  by following the procedures and requirements established in division rule.
4028        (c) Upon receipt of an appeal under this section, the director shall notify the executive
4029  director of the employee's department that the appeal has been filed.
4030        (d) If the employee is aggrieved by the decision of the director, the employee shall
4031  appeal that determination to the United States Department of Labor, Wage and Hour
4032  Division, according to the procedures and requirements of federal law.
4033  Section 54. Section 63G-2-305 is amended to read:
4034  63G-2-305 (Effective 07/01/26). Protected records.
4035       The following records are protected if properly classified by a governmental entity:
4036    (1) trade secrets as defined in Section 13-24-2 if the person submitting the trade secret has
4037        provided the governmental entity with the information specified in Section 63G-2-309;
4038    (2) commercial information or nonindividual financial information obtained from a person
4039        if:
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       S.B. 323  Enrolled Copy
4040  (a) disclosure of the information could reasonably be expected to result in unfair
4041  competitive injury to the person submitting the information or would impair the
4042  ability of the governmental entity to obtain necessary information in the future;
4043  (b) the person submitting the information has a greater interest in prohibiting access than
4044  the public in obtaining access; and
4045  (c) the person submitting the information has provided the governmental entity with the
4046  information specified in Section 63G-2-309;
4047     (3) commercial or financial information acquired or prepared by a governmental entity to
4048  the extent that disclosure would lead to financial speculations in currencies, securities, or
4049  commodities that will interfere with a planned transaction by the governmental entity or
4050  cause substantial financial injury to the governmental entity or state economy;
4051     (4) records, the disclosure of which could cause commercial injury to, or confer a
4052  competitive advantage upon a potential or actual competitor of, a commercial project
4053  entity as defined in Subsection 11-13-103(4);
4054     (5) test questions and answers to be used in future license, certification, registration,
4055  employment, or academic examinations;
4056     (6) records, the disclosure of which would impair governmental procurement proceedings
4057  or give an unfair advantage to any person proposing to enter into a contract or agreement
4058  with a governmental entity, except, subject to Subsections (1) and (2), that this
4059  Subsection (6) does not restrict the right of a person to have access to, after the contract
4060  or grant has been awarded and signed by all parties:
4061  (a) a bid, proposal, application, or other information submitted to or by a governmental
4062  entity in response to:
4063  (i) an invitation for bids;
4064  (ii) a request for proposals;
4065  (iii) a request for quotes;
4066  (iv) a grant; or
4067  (v) other similar document; or
4068  (b) an unsolicited proposal, as defined in Section 63G-6a-712;
4069     (7) information submitted to or by a governmental entity in response to a request for
4070  information, except, subject to Subsections (1) and (2), that this Subsection (7) does not
4071  restrict the right of a person to have access to the information, after:
4072  (a) a contract directly relating to the subject of the request for information has been
4073  awarded and signed by all parties; or
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4074        (b)(i) a final determination is made not to enter into a contract that relates to the
4075  subject of the request for information; and
4076  (ii) at least two years have passed after the day on which the request for information
4077  is issued;
4078    (8) records that would identify real property or the appraisal or estimated value of real or
4079        personal property, including intellectual property, under consideration for public
4080        acquisition before any rights to the property are acquired unless:
4081        (a) public interest in obtaining access to the information is greater than or equal to the
4082  governmental entity's need to acquire the property on the best terms possible;
4083        (b) the information has already been disclosed to persons not employed by or under a
4084  duty of confidentiality to the entity;
4085        (c) in the case of records that would identify property, potential sellers of the described
4086  property have already learned of the governmental entity's plans to acquire the
4087  property;
4088        (d) in the case of records that would identify the appraisal or estimated value of
4089  property, the potential sellers have already learned of the governmental entity's
4090  estimated value of the property; or
4091        (e) the property under consideration for public acquisition is a single family residence
4092  and the governmental entity seeking to acquire the property has initiated negotiations
4093  to acquire the property as required under Section 78B-6-505;
4094    (9) records prepared in contemplation of sale, exchange, lease, rental, or other compensated
4095        transaction of real or personal property including intellectual property, which, if
4096        disclosed [prior to] before completion of the transaction, would reveal the appraisal or
4097        estimated value of the subject property, unless:
4098        (a) the public interest in access is greater than or equal to the interests in restricting
4099  access, including the governmental entity's interest in maximizing the financial
4100  benefit of the transaction; or
4101        (b) when prepared by or on behalf of a governmental entity, appraisals or estimates of
4102  the value of the subject property have already been disclosed to persons not
4103  employed by or under a duty of confidentiality to the entity;
4104    (10) records created or maintained for civil, criminal, or administrative enforcement
4105        purposes or audit purposes, or for discipline, licensing, certification, or registration
4106        purposes, if release of the records:
4107        (a) reasonably could be expected to interfere with investigations undertaken for
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4108  enforcement, discipline, licensing, certification, or registration purposes;
4109  (b) reasonably could be expected to interfere with audits, disciplinary, or enforcement
4110  proceedings;
4111  (c) would create a danger of depriving a person of a right to a fair trial or impartial
4112  hearing;
4113  (d) reasonably could be expected to disclose the identity of a source who is not generally
4114  known outside of government and, in the case of a record compiled in the course of
4115  an investigation, disclose information furnished by a source not generally known
4116  outside of government if disclosure would compromise the source; or
4117  (e) reasonably could be expected to disclose investigative or audit techniques,
4118  procedures, policies, or orders not generally known outside of government if
4119  disclosure would interfere with enforcement or audit efforts;
4120     (11) records the disclosure of which would jeopardize the life or safety of an individual;
4121     (12) records the disclosure of which would jeopardize the security of governmental
4122  property, governmental programs, or governmental recordkeeping systems from
4123  damage, theft, or other appropriation or use contrary to law or public policy;
4124     (13) records that, if disclosed, would jeopardize the security or safety of a correctional
4125  facility, or records relating to incarceration, treatment, probation, or parole, that would
4126  interfere with the control and supervision of an offender's incarceration, treatment,
4127  probation, or parole;
4128     (14) records that, if disclosed, would reveal recommendations made to the Board of
4129  Pardons and Parole by an employee of or contractor for the Department of Corrections,
4130  the Board of Pardons and Parole, or the Department of Health and Human Services that
4131  are based on the employee's or contractor's supervision, diagnosis, or treatment of any
4132  person within the board's jurisdiction;
4133     (15) records and audit workpapers that identify audit, collection, and operational procedures
4134  and methods used by the State Tax Commission, if disclosure would interfere with
4135  audits or collections;
4136     (16) records of a governmental audit agency relating to an ongoing or planned audit until
4137  the final audit is released;
4138     (17) records that are subject to the attorney client privilege;
4139     (18) records prepared for or by an attorney, consultant, surety, indemnitor, insurer,
4140  employee, or agent of a governmental entity for, or in anticipation of, litigation or a
4141  judicial, quasi-judicial, or administrative proceeding;
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4142    (19)(a)(i) personal files of a state legislator, including personal correspondence to or
4143        from a member of the Legislature; and
4144  (ii) notwithstanding Subsection (19)(a)(i), correspondence that gives notice of
4145  legislative action or policy may not be classified as protected under this section;
4146  and
4147        (b)(i) an internal communication that is part of the deliberative process in connection
4148  with the preparation of legislation between:
4149  (A) members of a legislative body;
4150  (B) a member of a legislative body and a member of the legislative body's staff; or
4151  (C) members of a legislative body's staff; and
4152  (ii) notwithstanding Subsection (19)(b)(i), a communication that gives notice of
4153  legislative action or policy may not be classified as protected under this section;
4154    (20)(a) records in the custody or control of the Office of Legislative Research and
4155        General Counsel, that, if disclosed, would reveal a particular legislator's
4156        contemplated legislation or contemplated course of action before the legislator has
4157        elected to support the legislation or course of action, or made the legislation or course
4158        of action public; and
4159        (b) notwithstanding Subsection (20)(a), the form to request legislation submitted to the
4160  Office of Legislative Research and General Counsel is a public document unless a
4161  legislator asks that the records requesting the legislation be maintained as protected
4162  records until such time as the legislator elects to make the legislation or course of
4163  action public;
4164    (21) a research request from a legislator to a legislative staff member and research findings
4165        prepared in response to the request;
4166    (22) drafts, unless otherwise classified as public;
4167    (23) records concerning a governmental entity's strategy about:
4168        (a) collective bargaining; or
4169        (b) imminent or pending litigation;
4170    (24) records of investigations of loss occurrences and analyses of loss occurrences that may
4171        be covered by the Risk Management Fund, the Employers' Reinsurance Fund, the
4172        Uninsured Employers' Fund, or similar divisions in other governmental entities;
4173    (25) records, other than personnel evaluations, that contain a personal recommendation
4174        concerning an individual if disclosure would constitute a clearly unwarranted invasion
4175        of personal privacy, or disclosure is not in the public interest;
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4176     (26) records that reveal the location of historic, prehistoric, paleontological, or biological
4177  resources that if known would jeopardize the security of those resources or of valuable
4178  historic, scientific, educational, or cultural information;
4179     (27) records of independent state agencies if the disclosure of the records would conflict
4180  with the fiduciary obligations of the agency;
4181     (28) records of an institution of higher education defined in Section 53H-1-101 regarding
4182  tenure evaluations, appointments, applications for admissions, retention decisions, and
4183  promotions, which could be properly discussed in a meeting closed in accordance with
4184  Title 52, Chapter 4, Open and Public Meetings Act, provided that records of the final
4185  decisions about tenure, appointments, retention, promotions, or those students admitted,
4186  may not be classified as protected under this section;
4187     (29) records of the governor's office, including budget recommendations, legislative
4188  proposals, and policy statements, that if disclosed would reveal the governor's
4189  contemplated policies or contemplated courses of action before the governor has
4190  implemented or rejected those policies or courses of action or made them public;
4191     (30) records of the Office of the Legislative Fiscal Analyst relating to budget analysis,
4192  revenue estimates, and fiscal notes of proposed legislation before issuance of the final
4193  recommendations in these areas;
4194     (31) records provided by the United States or by a government entity outside the state that
4195  are given to the governmental entity with a requirement that they be managed as
4196  protected records if the providing entity certifies that the record would not be subject to
4197  public disclosure if retained by it;
4198     (32) transcripts, minutes, recordings, or reports of the closed portion of a meeting of a
4199  public body except as provided in Section 52-4-206;
4200     (33) records that would reveal the contents of settlement negotiations but not including final
4201  settlements or empirical data to the extent that they are not otherwise exempt from
4202  disclosure;
4203     (34) memoranda prepared by staff and used in the decision-making process by an
4204  administrative law judge, a member of the Board of Pardons and Parole, or a member of
4205  any other body charged by law with performing a quasi-judicial function;
4206     (35) records that would reveal negotiations regarding assistance or incentives offered by or
4207  requested from a governmental entity for the purpose of encouraging a person to expand
4208  or locate a business in Utah, but only if disclosure would result in actual economic harm
4209  to the person or place the governmental entity at a competitive disadvantage, but this
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4210        section may not be used to restrict access to a record evidencing a final contract;
4211    (36) materials to which access must be limited for purposes of securing or maintaining the
4212        governmental entity's proprietary protection of intellectual property rights including
4213        patents, copyrights, and trade secrets;
4214    (37) the name of a donor or a prospective donor to a governmental entity, including an
4215        institution of higher education defined in Section 53H-1-101, and other information
4216        concerning the donation that could reasonably be expected to reveal the identity of the
4217        donor, provided that:
4218        (a) the donor requests anonymity in writing;
4219        (b) any terms, conditions, restrictions, or privileges relating to the donation may not be
4220  classified protected by the governmental entity under this Subsection (37); and
4221        (c) except for an institution of higher education defined in Section 53H-1-101, the
4222  governmental unit to which the donation is made is primarily engaged in educational,
4223  charitable, or artistic endeavors, and has no regulatory or legislative authority over
4224  the donor, a member of the donor's immediate family, or any entity owned or
4225  controlled by the donor or the donor's immediate family;
4226    (38) accident reports, except as provided in Sections 41-6a-404, 41-12a-202, and 73-18-13;
4227    (39) a notification of workers' compensation insurance coverage described in Section
4228        34A-2-205;
4229    (40) subject to Subsections (40)(g) and (h), the following records of an institution of higher
4230        education defined in Section 53H-1-101, which have been developed, discovered,
4231        disclosed to, or received by or on behalf of faculty, staff, employees, or students of the
4232        institution:
4233        (a) unpublished lecture notes;
4234        (b) unpublished notes, data, and information:
4235  (i) relating to research; and
4236  (ii) of:
4237  (A) the institution of higher education defined in Section 53H-1-101; or
4238  (B) a sponsor of sponsored research;
4239        (c) unpublished manuscripts;
4240        (d) creative works in process;
4241        (e) scholarly correspondence;[ and]
4242        (f) confidential information contained in research proposals;
4243        (g) this Subsection (40) may not be construed to prohibit disclosure of public
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       S.B. 323  Enrolled Copy
4244  information required [pursuant to] in accordance with Subsection 53H-14-202(2)(a)
4245  or (b); and
4246  (h) this Subsection (40) may not be construed to affect the ownership of a record;
4247     (41)(a) records in the custody or control of the Office of the Legislative Auditor General
4248  that would reveal the name of a particular legislator who requests a legislative audit [
4249  prior to] before the date that audit is completed and made public; and
4250  (b) notwithstanding Subsection (41)(a), a request for a legislative audit submitted to the
4251  Office of the Legislative Auditor General is a public document unless the legislator
4252  asks that the records in the custody or control of the Office of the Legislative Auditor
4253  General that would reveal the name of a particular legislator who requests a
4254  legislative audit be maintained as protected records until the audit is completed and
4255  made public;
4256     (42) records that provide detail as to the location of an explosive, including a map or other
4257  document that indicates the location of:
4258  (a) a production facility; or
4259  (b) a magazine;
4260     (43) information contained in the statewide database of the Division of Aging and Adult
4261  Services created by Section 26B-6-210;
4262     (44) information contained in the Licensing Information System described in Title 80,
4263  Chapter 2, Child Welfare Services;
4264     (45) information regarding National Guard operations or activities in support of the
4265  National Guard's federal mission;
4266     (46) records provided by any pawn or secondhand business to a law enforcement agency or
4267  to the central database in compliance with Title 13, Chapter 32a, Pawnshop, Secondhand
4268  Merchandise, and Catalytic Converter Transaction Information Act;
4269     (47) information regarding food security, risk, and vulnerability assessments performed by
4270  the Department of Agriculture and Food;
4271     (48) except to the extent that the record is exempt from this chapter [pursuant to] in
4272  accordance with Section 63G-2-106, records related to an emergency plan or program, a
4273  copy of which is provided to or prepared or maintained by the Division of Emergency
4274  Management, and the disclosure of which would jeopardize:
4275  (a) the safety of the general public; or
4276  (b) the security of:
4277  (i) governmental property;
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       Enrolled Copy  S.B. 323
4278  (ii) governmental programs; or
4279  (iii) the property of a private person who provides the Division of Emergency
4280  Management information;
4281    (49) records of the Department of Agriculture and Food that provides for the identification,
4282        tracing, or control of livestock diseases, including any program established under Title
4283        4, Chapter 24, Utah Livestock Brand and Anti-Theft Act, or Title 4, Chapter 31, Control
4284        of Animal Disease;
4285    (50) as provided in Section 26B-2-709:
4286        (a) information or records held by the Department of Health and Human Services related
4287  to a complaint regarding a provider, program, or facility which the department is
4288  unable to substantiate; and
4289        (b) information or records related to a complaint received by the Department of Health
4290  and Human Services from an anonymous complainant regarding a provider, program,
4291  or facility;
4292    (51) unless otherwise classified as public under Section 63G-2-301 and except as provided
4293        under Section 41-1a-116, an individual's home address, home telephone number, or
4294        personal mobile phone number, if:
4295        (a) the individual is required to provide the information in order to comply with a law,
4296  ordinance, rule, or order of a government entity; and
4297        (b) the subject of the record has a reasonable expectation that this information will be
4298  kept confidential due to:
4299  (i) the nature of the law, ordinance, rule, or order; and
4300  (ii) the individual complying with the law, ordinance, rule, or order;
4301    (52) the portion of the following documents that contains a candidate's residential or
4302        mailing address, if the candidate provides to the filing officer another address or phone
4303        number where the candidate may be contacted:
4304        (a) a declaration of candidacy, a nomination petition, or a certificate of nomination,
4305  described in Section 20A-9-201, 20A-9-202, 20A-9-203, 20A-9-404, 20A-9-405,
4306  20A-9-408, 20A-9-408.5, 20A-9-502, or 20A-9-601;
4307        (b) an affidavit of impecuniosity, described in Section 20A-9-201; or
4308        (c) a notice of intent to gather signatures for candidacy, described in Section 20A-9-408;
4309    (53) the name, home address, work addresses, and telephone numbers of an individual that
4310        is engaged in, or that provides goods or services for, medical or scientific research that is:
4311        (a) conducted within the state system of higher education, as described in Section
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       S.B. 323  Enrolled Copy
4312  53H-1-102; and
4313  (b) conducted using animals;
4314     (54) in accordance with Section 78A-12-203, any record of the Judicial Performance
4315  Evaluation Commission concerning an individual commissioner's vote, in relation to
4316  whether a judge meets or exceeds minimum performance standards under Subsection
4317  78A-12-203(4), and information disclosed under Subsection 78A-12-203(5)(e);
4318     (55) information collected and a report prepared by the Judicial Performance Evaluation
4319  Commission concerning a judge, unless Section 20A-7-702 or Title 78A, Chapter 12,
4320  Judicial Performance Evaluation Commission Act, requires disclosure of, or makes
4321  public, the information or report;
4322     (56) records provided or received by the Public Lands Policy Coordinating Office in
4323  furtherance of any contract or other agreement made in accordance with Section
4324  63L-11-202;
4325     (57) information requested by and provided to the 911 Division under Section 63H-7a-302;
4326     (58) in accordance with Section 73-10-33:
4327  (a) a management plan for a water conveyance facility in the possession of the Division
4328  of Water Resources or the Board of Water Resources; or
4329  (b) an outline of an emergency response plan in possession of the state or a county or
4330  municipality;
4331     (59) the following records in the custody or control of the Office of Inspector General of
4332  Medicaid Services, created in Section 63A-13-201:
4333  (a) records that would disclose information relating to allegations of personal
4334  misconduct, gross mismanagement, or illegal activity of a person if the information
4335  or allegation cannot be corroborated by the Office of Inspector General of Medicaid
4336  Services through other documents or evidence, and the records relating to the
4337  allegation are not relied upon by the Office of Inspector General of Medicaid
4338  Services in preparing a final investigation report or final audit report;
4339  (b) records and audit workpapers to the extent they would disclose the identity of a
4340  person who, during the course of an investigation or audit, communicated the
4341  existence of any Medicaid fraud, waste, or abuse, or a violation or suspected
4342  violation of a law, rule, or regulation adopted under the laws of this state, a political
4343  subdivision of the state, or any recognized entity of the United States, if the
4344  information was disclosed on the condition that the identity of the person be
4345  protected;
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4346        (c) before the time that an investigation or audit is completed and the final investigation
4347  or final audit report is released, records or drafts circulated to a person who is not an
4348  employee or head of a governmental entity for the person's response or information;
4349        (d) records that would disclose an outline or part of any investigation, audit survey plan,
4350  or audit program; or
4351        (e) requests for an investigation or audit, if disclosure would risk circumvention of an
4352  investigation or audit;
4353    (60) records that reveal methods used by the Office of Inspector General of Medicaid
4354        Services, the fraud unit, or the Department of Health and Human Services, to discover
4355        Medicaid fraud, waste, or abuse;
4356    (61) information provided to the Department of Health and Human Services or the Division
4357        of Professional Licensing under Subsections 58-67-304(3) and (4) and Subsections
4358        58-68-304(3) and (4);
4359    (62) a record described in Section 63G-12-210;
4360    (63) captured plate data that is obtained through an automatic license plate reader system
4361        used by a governmental entity as authorized in Section 41-6a-2003;
4362    (64) an audio or video recording created by a body-worn camera, as that term is defined in
4363        Section 77-7a-103, that records sound or images inside a hospital or health care facility
4364        as those terms are defined in Section 78B-3-403, inside a clinic of a health care provider,
4365        as that term is defined in Section 78B-3-403, or inside a human [service] services
4366        program as that term is defined in Section 26B-2-101, except for recordings that:
4367        (a) depict the commission of an alleged crime;
4368        (b) record any encounter between a law enforcement officer and a person that results in
4369  death or bodily injury, or includes an instance when an officer fires a weapon;
4370        (c) record any encounter that is the subject of a complaint or a legal proceeding against a
4371  law enforcement officer or law enforcement agency;
4372        (d) contain an [officer involved] officer-involved critical incident as defined in
4373  Subsection 76-2-408(1)(f); or
4374        (e) have been requested for reclassification as a public record by a subject or authorized
4375  agent of a subject featured in the recording;
4376    (65) a record pertaining to the search process for a president of an institution of higher
4377        education described in Section 53H-3-302;
4378    (66) an audio recording that is:
4379        (a) produced by an audio recording device that is used in conjunction with a device or
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4380  piece of equipment designed or intended for resuscitating an individual or for treating
4381  an individual with a life-threatening condition;
4382  (b) produced during an emergency event when an individual employed to provide law
4383  enforcement, fire protection, paramedic, emergency medical, or other first responder
4384  service:
4385  (i) is responding to an individual needing resuscitation or with a life-threatening
4386  condition; and
4387  (ii) uses a device or piece of equipment designed or intended for resuscitating an
4388  individual or for treating an individual with a life-threatening condition; and
4389  (c) intended and used for purposes of training emergency responders how to improve
4390  their response to an emergency situation;
4391     (67) records submitted by or prepared in relation to an applicant seeking a recommendation
4392  by the Research and General Counsel Subcommittee, the Budget Subcommittee, or the
4393  Legislative Audit Subcommittee, established under Section 36-12-8, for an employment
4394  position with the Legislature;
4395     (68) work papers as defined in Section 31A-2-204;
4396     (69) a record made available to Adult Protective Services or a law enforcement agency
4397  under Section 61-1-206;
4398     (70) a record submitted to the Insurance Department in accordance with Section
4399  31A-37-201;
4400     (71) a record described in Section 31A-37-503;
4401     (72) any record created by the Division of Professional Licensing as a result of Subsection
4402  58-37f-304(5) or 58-37f-702(2)(a)(ii);
4403     (73) a record described in Section 72-16-306 that relates to the reporting of an injury
4404  involving an amusement ride;
4405     (74) except as provided in Subsection 63G-2-305.5(1), the signature of an individual on a
4406  political petition, or on a request to withdraw a signature from a political petition,
4407  including a petition or request described in the following titles:
4408  (a) Title 10, Utah Municipal Code;
4409  (b) Title 17, Counties;
4410  (c) Title 17B, Limited Purpose Local Government Entities - Special Districts;
4411  (d) Title 17D, Limited Purpose Local Government Entities - Other Entities; and
4412  (e) Title 20A, Election Code;
4413     (75) except as provided in Subsection 63G-2-305.5(2), the signature of an individual in a
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4414        voter registration record;
4415    (76) except as provided in Subsection 63G-2-305.5(3), any signature, other than a signature
4416        described in Subsection (74) or (75), in the custody of the lieutenant governor or a local
4417        political subdivision collected or held under, or in relation to, Title 20A, Election Code;
4418    (77) a Form I-918 Supplement B certification as described in Title 77, Chapter 38, Part 5,
4419        Victims Guidelines for Prosecutors Act;
4420    (78) a record submitted to the Insurance Department under Section 31A-48-103;
4421    (79) personal information, as defined in Section 63G-26-102, to the extent disclosure is
4422        prohibited under Section 63G-26-103;
4423    (80) an image taken of an individual during the process of booking the individual into jail,
4424        unless:
4425        (a) the individual is convicted of a criminal offense based upon the conduct for which
4426  the individual was incarcerated at the time the image was taken;
4427        (b) a law enforcement agency releases or disseminates the image:
4428  (i) after determining that the individual is a fugitive or an imminent threat to an
4429  individual or to public safety and releasing or disseminating the image will assist
4430  in apprehending the individual or reducing or eliminating the threat; or
4431  (ii) to a potential witness or other individual with direct knowledge of events relevant
4432  to a criminal investigation or criminal proceeding for the purpose of identifying or
4433  locating an individual in connection with the criminal investigation or criminal
4434  proceeding;
4435        (c) a judge orders the release or dissemination of the image based on a finding that the
4436  release or dissemination is in furtherance of a legitimate law enforcement interest; or
4437        (d) the image is displayed to a person who is permitted to view the image under Section
4438  17-72-802;
4439    (81) a record:
4440        (a) concerning an interstate claim to the use of waters in the Colorado River system;
4441        (b) relating to a judicial proceeding, administrative proceeding, or negotiation with a
4442  representative from another state or the federal government as provided in Section
4443  63M-14-205; and
4444        (c) the disclosure of which would:
4445  (i) reveal a legal strategy relating to the state's claim to the use of the water in the
4446  Colorado River system;
4447  (ii) harm the ability of the Colorado River Authority of Utah or river commissioner to
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       S.B. 323  Enrolled Copy
4448  negotiate the best terms and conditions regarding the use of water in the Colorado
4449  River system; or
4450  (iii) give an advantage to another state or to the federal government in negotiations
4451  regarding the use of water in the Colorado River system;
4452     (82) any part of an application described in Section 63N-16-201 that the Governor's Office
4453  of Economic Opportunity determines is nonpublic, confidential information that if
4454  disclosed would result in actual economic harm to the applicant, but this Subsection (82)
4455  may not be used to restrict access to a record evidencing a final contract or approval
4456  decision;
4457     (83) the following records of a drinking water or wastewater facility:
4458  (a) an engineering or architectural drawing of the drinking water or wastewater facility;
4459  and
4460  (b) except as provided in Section 63G-2-106, a record detailing tools or processes the
4461  drinking water or wastewater facility uses to secure, or prohibit access to, the records
4462  described in Subsection (83)(a);
4463     (84) a statement that an employee of a governmental entity provides to the governmental
4464  entity as part of the governmental entity's personnel or administrative investigation into
4465  potential misconduct involving the employee if the governmental entity:
4466  (a) requires the statement under threat of employment disciplinary action, including
4467  possible termination of employment, for the employee's refusal to provide the
4468  statement; and
4469  (b) provides the employee assurance that the statement cannot be used against the
4470  employee in any criminal proceeding;
4471     (85) any part of an application for a Utah Fits All Scholarship account described in Section
4472  53F-6-402 or other information identifying a scholarship student as defined in Section
4473  53F-6-401;
4474     (86) a record:
4475  (a) concerning a claim to the use of waters in the Great Salt Lake;
4476  (b) relating to a judicial proceeding, administrative proceeding, or negotiation with a
4477  person concerning the claim, including a representative from another state or the
4478  federal government; and
4479  (c) the disclosure of which would:
4480  (i) reveal a legal strategy relating to the state's claim to the use of the water in the
4481  Great Salt Lake;
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       Enrolled Copy  S.B. 323
4482  (ii) harm the ability of the Great Salt Lake commissioner to negotiate the best terms
4483  and conditions regarding the use of water in the Great Salt Lake; or
4484  (iii) give an advantage to another person including another state or to the federal
4485  government in negotiations regarding the use of water in the Great Salt Lake;
4486    (87) a consumer complaint described in Section 13-2-11, unless the consumer complaint is
4487        reclassified as public as described in Subsection [13-2-11(4)] 13-2-11(3);
4488    (88) a record of the Utah water agent, appointed under Section 73-10g-702:
4489        (a) concerning a claim to the use of waters;
4490        (b) relating to a judicial proceeding, administrative proceeding, or negotiation with a
4491  representative from another state, a tribe, the federal government, or other
4492  government entity as provided in Title 73, Chapter 10g, Part 7, Utah Water Agent;
4493  and
4494        (c) the disclosure of which would:
4495  (i) reveal a legal strategy relating to the state's claim to the use of the water;
4496  (ii) harm the ability of the Utah water agent to negotiate the best terms and conditions
4497  regarding the use of water; or
4498  (iii) give an advantage to another state, a tribe, the federal government, or other
4499  government entity in negotiations regarding the use of water; and
4500    (89) a record created or maintained for an investigation of the Prosecutor Conduct
4501        Commission, created in Section [63M-7-1102] 75E-8-102, that contains any personal
4502        identifying information of a prosecuting attorney, including:
4503        (a) a complaint, or a document that is submitted or created for a complaint, received by
4504  the Prosecutor Conduct Commission; or
4505        (b) a finding by the Prosecutor Conduct Commission.
4506  Section 55. Section 63I-1-263 is amended to read:
4507  63I-1-263 (Effective 07/01/26). Repeal dates: Titles 63A to 63O.
4508    (1) Title 63C, Chapter 4a, Constitutional and Federalism Defense Act, is repealed July 1,
4509        2028.
4510    (2) Title 63C, Chapter 18, Behavioral Health Crisis Response Committee, is repealed
4511        December 31, 2026.
4512    (3) Title 63C, Chapter 25, State Finance Review Commission, is repealed July 1, 2027.
4513    (4) Title 63C, Chapter 27, Cybersecurity Commission, is repealed July 1, 2032.
4514    (5) Title 63C, Chapter 28, Ethnic Studies Commission, is repealed July 1, 2026.
4515    (6) Title 63C, Chapter 31, State Employee Benefits Advisory Commission, is repealed July
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4516  1, 2028.
4517     (7) Section 63G-6a-805, Purchase from community rehabilitation programs, is repealed
4518  July 1, 2026.
4519     (8) Title 63G, Chapter 21, Agreements to Provide State Services, is repealed July 1, 2028.
4520     (9) Title 63H, Chapter 4, Heber Valley Historic Railroad Authority, is repealed July 1, 2029.
4521     (10) Subsection 63J-1-602.2(16), related to the Communication Habits to reduce
4522  Adolescent Threats (CHAT) Pilot Program, is repealed July 1, 2029.
4523     (11) Subsection 63J-1-602.2(26), regarding the Utah Seismic Safety Commission, is
4524  repealed January 1, 2025.
4525     (12) Section 63L-11-204, Canyon resource management plan, is repealed July 1, 2027.
4526     (13) Title 63L, Chapter 11, Part 4, Resource Development Coordinating Committee, is
4527  repealed July 1, 2027.
4528     [(14) Title 63M, Chapter 7, Part 7, Domestic Violence Offender Treatment Board, is
4529  repealed July 1, 2027.]
4530     [(15) Section 63M-7-902, Creation -- Membership -- Terms -- Vacancies -- Expenses, is
4531  repealed July 1, 2029.]
4532     [(16)] (14) Title 63M, Chapter 11, Utah Commission on Aging, is repealed July 1, 2026.
4533     [(17)] (15) Title 63N, Chapter 2, Part 2, Enterprise Zone Act, is repealed July 1, 2028.
4534     [(18)] (16) Subsection 63N-2-511(1)(b), regarding the Board of Tourism Development, is
4535  repealed July 1, 2030.
4536     [(19)] (17) Section 63N-2-512, Hotel Impact Mitigation Fund, is repealed July 1, 2028.
4537     [(20)] (18) Title 63N, Chapter 3, Part 9, Strategic Innovation Grant Pilot Program, is
4538  repealed July 1, 2027.
4539     [(21)] (19) Title 63N, Chapter 3, Part 11, Manufacturing Modernization Grant Program, is
4540  repealed July 1, 2028.
4541     [(22)] (20) Title 63N, Chapter 4, Part 4, Rural Employment Expansion Program, is repealed
4542  July 1, 2028.
4543     [(23)] (21) Section 63N-4-804, Rural Opportunity Advisory Committee, is repealed July 1,
4544  2027.
4545     [(24)] (22) Subsection 63N-4-805(5)(b), regarding the Rural Employment Expansion
4546  Program, is repealed July 1, 2028.
4547     [(25)] (23) Subsection 63N-7-101(1), regarding the Board of Tourism Development, is
4548  repealed July 1, 2030.
4549     [(26)] (24) Subsection 63N-7-102(3)(c), regarding a requirement for the Utah Office of
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       Enrolled Copy  S.B. 323
4550        Tourism to receive approval from the Board of Tourism Development, is repealed July
4551        1, 2030.
4552    [(27)] (25) Title 63N, Chapter 7, Part 2, Board of Tourism Development, is repealed July 1,
4553        2030.
4554  Section 56. Section 63I-1-275 is amended to read:
4555  63I-1-275 (Effective 07/01/26). Repeal dates: Titles 75 through 75E.
4556       [     Reserved.]
4557    (1) Title 75E, Chapter 7, Domestic Violence Offender Treatment Board, is repealed July 1,
4558        2027.
4559    (2) Section 75E-6-102, Creation -- Membership -- Terms -- Vacancies -- Expenses, is
4560        repealed July 1, 2029.
4561    (3) Section 75E-10-505, Interdisciplinary Parental Representation Pilot Program, is
4562        repealed December 31, 2026.
4563  Section 57. Section 63I-1-278 is amended to read:
4564  63I-1-278 (Effective 07/01/26). Repeal dates: Title 78A and Title 78B.
4565    (1) Subsection 78A-7-106(7), regarding the transfer of a criminal action involving a
4566        domestic violence offense from the justice court to the district court, is repealed July 1,
4567        2029.
4568    (2) Section 78B-3-421, Arbitration agreements, is repealed July 1, 2029.
4569    (3) Section 78B-4-518, Limitation on liability of employer for an employee convicted of an
4570        offense, is repealed July 1, 2029.
4571    (4) Title 78B, Chapter 6, Part 2, Alternative Dispute Resolution Act, is repealed July 1,
4572        2026.
4573    [(5) Section 78B-22-805, Interdisciplinary Parental Representation Pilot Program, is
4574        repealed December 31, 2026.]
4575  Section 58. Section 63I-2-253 is amended to read:
4576  63I-2-253 (Effective 07/01/26). Repeal dates: Titles 53 through 53G.
4577    (1) Title 53, Chapter 2c, COVID-19 Health and Economic Response Act, is repealed July 1,
4578        2026.
4579    (2) Section 53-22-104.1, School Security Task Force -- Membership -- Duties -- Per diem --
4580        Report -- Expiration, is repealed December 31, 2025.
4581    (3) Section 53-22-104.2, The School Security Task Force -- Education Advisory Board, is
4582        repealed December 31, 2025.
4583    (4) Section 53-25-103, Airport dangerous weapon possession reporting requirements, is
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       S.B. 323  Enrolled Copy
4584  repealed December 31, 2031.
4585     (5) Subsection 53-25-602(4)(b), regarding the rights of a peace officer placed onto a
4586  prosecution agency's Brady identification system before May 7, 2025, is repealed
4587  December 1, 2025.
4588     (6) Subsection [53-29-302(2)(b)(ii)] 53-29-302(3)(b)(ii), regarding the requirement for the
4589  Department of Corrections to submit the results of risk assessments for sex offenders to
4590  the [State Commission on Criminal and Juvenile Justice] Department of Criminal Justice,
4591  is repealed January 1, 2030.
4592     (7) Subsection 53E-3-501(7)(e)(ii), regarding a report on the packet method, is repealed
4593  July 1, 2028.
4594     (8) Subsection 53F-2-504(6), regarding a report on the Salary Supplement for Highly
4595  Needed Educators, is repealed July 1, 2026.
4596     (9) Section 53F-5-221, Management of energy and water use pilot program, is repealed July
4597  1, 2028.
4598     (10) Section 53F-5-222, Mentoring and Supporting Teacher Excellence and Refinement
4599  Pilot Program, is repealed July 1, 2028.
4600     (11) Section 53F-5-223, Stipends for Future Educators Grant Program, is repealed July 1,
4601  2028.
4602     (12) Subsection 53G-11-502(1), regarding implementation of the educator evaluation
4603  process, is repealed July 1, 2029.
4604     (13) Section 53G-11-506, Establishment of educator evaluation program -- Joint
4605  committee, is repealed July 1, 2029.
4606     (14) Section 53G-11-507, Components of educator evaluation program, is repealed July 1,
4607  2029.
4608     (15) Section 53G-11-508, Summative evaluation timelines -- Review of summative
4609  evaluations, is repealed July 1, 2029.
4610     (16) Section 53G-11-509, Mentor for provisional educator, is repealed July 1, 2029.
4611     (17) Section 53G-11-510, State board to describe a framework for the evaluation of
4612  educators, is repealed July 1, 2029.
4613     (18) Section 53G-11-511, Rulemaking for privacy protection, is repealed July 1, 2029.
4614     (19) Subsection 53G-11-520(1), regarding optional alternative educator evaluation
4615  processes, is repealed July 1, 2029.
4616     (20) Subsection 53G-11-520(2), regarding an exception from educator evaluation process
4617  requirements, is repealed July 1, 2029.
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       Enrolled Copy  S.B. 323
4618  Section 59. Section 63J-1-602.1 is amended to read:
4619  63J-1-602.1 (Effective 07/01/26). List of nonlapsing appropriations from
4620    accounts and funds.
4621       Appropriations made from the following accounts or funds are nonlapsing:
4622    (1) The Native American Repatriation Restricted Account created in Section 9-9-407.
4623    (2) Certain money payable for expenses of the Pete Suazo Utah Athletic Commission, as
4624        provided under Title 9, Chapter 23, Pete Suazo Utah Athletic Commission Act.
4625    (3) Funds collected for directing and administering the C-PACE district created in Section
4626        11-42a-106.
4627    (4) Money received by the Utah Inland Port Authority, as provided in Section 11-58-105.
4628    (5) The Commerce Electronic Payment Fee Restricted Account created in Section 13-1-17.
4629    (6) The Division of Air Quality Oil, Gas, and Mining Restricted Account created in Section
4630        19-2a-106.
4631    (7) The Division of Water Quality Oil, Gas, and Mining Restricted Account created in
4632        Section 19-5-126.
4633    (8) State funds for matching federal funds in the Children's Health Insurance Program as
4634        provided in Section 26B-3-906.
4635    (9) Funds collected from the program fund for local health department expenses incurred in
4636        responding to a local health emergency under Section 26B-7-111.
4637    (10) The Technology Development Restricted Account created in Section 31A-3-104.
4638    (11) The Criminal Background Check Restricted Account created in Section 31A-3-105.
4639    (12) The Captive Insurance Restricted Account created in Section 31A-3-304, except to the
4640        extent that Section 31A-3-304 makes the money received under that section free revenue.
4641    (13) The Title Licensee Enforcement Restricted Account created in Section 31A-23a-415.
4642    (14) The Health Insurance Actuarial Review Restricted Account created in Section
4643        31A-30-115.
4644    (15) The State Mandated Insurer Payments Restricted Account created in Section
4645        31A-30-118.
4646    (16) The Insurance Fraud Investigation Restricted Account created in Section 31A-31-108.
4647    (17) The Underage Drinking Prevention Media and Education Campaign Restricted
4648        Account created in Section 32B-2-306.
4649    (18) The School Readiness Restricted Account created in Section 35A-15-203.
4650    (19) Money received by the Utah State Office of Rehabilitation for the sale of certain
4651        products or services, as provided in Section 35A-13-202.
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       S.B. 323  Enrolled Copy
4652     (20) The Property Loss Related to Homelessness Compensation Enterprise Fund created in
4653  Section 35A-16-212.
4654     (21) The Homeless Shelter Cities Mitigation Restricted Account created in Section
4655  35A-16-402.
4656     (22) The Oil and Gas Administrative Penalties Account created in Section 40-6-11.
4657     (23) The Oil and Gas Conservation Account created in Section 40-6-14.5.
4658     (24) The Division of Oil, Gas, and Mining Restricted account created in Section 40-6-23.
4659     (25) The Electronic Payment Fee Restricted Account created by Section 41-1a-121 to the
4660  Motor Vehicle Division.
4661     (26) The License Plate Restricted Account created by Section 41-1a-122.
4662     (27) The Motor Vehicle Enforcement Division Temporary Permit Restricted Account
4663  created by Section 41-3-110 to the State Tax Commission.
4664     (28) The State Disaster Recovery Restricted Account to the Division of Emergency
4665  Management, as provided in Section 53-2a-603.
4666     (29) The Disaster Response, Recovery, and Mitigation Restricted Account created in
4667  Section 53-2a-1302.
4668     (30) The Emergency Medical Services Critical Needs Account created in Section 53-2d-110.
4669     (31) The Department of Public Safety Restricted Account to the Department of Public
4670  Safety, as provided in Section 53-3-106.
4671     (32) The Utah Highway Patrol Aero Bureau Restricted Account created in Section 53-8-303.
4672     (33) The DNA Specimen Restricted Account created in Section 53-10-407.
4673     (34) The Technical Colleges Capital Projects Fund created in Section 53H-9-605.
4674     (35) The Higher Education Capital Projects Fund created in Section 53H-9-502.
4675     (36) A certain portion of money collected for administrative costs under the School
4676  Institutional Trust Lands Management Act, as provided under Section 53C-3-202.
4677     (37) The Public Utility Regulatory Restricted Account created in Section 54-5-1.5, subject
4678  to Subsection 54-5-1.5(4)(d).
4679     (38) Funds collected from a surcharge fee to provide certain licensees with access to an
4680  electronic reference library, as provided in Section 58-3a-105.
4681     (39) Certain fines collected by the Division of Professional Licensing for violation of
4682  unlawful or unprofessional conduct that are used for education and enforcement
4683  purposes, as provided in Section 58-17b-505.
4684     (40) Funds collected from a surcharge fee to provide certain licensees with access to an
4685  electronic reference library, as provided in Section 58-22-104.
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       Enrolled Copy  S.B. 323
4686    (41) Funds collected from a surcharge fee to provide certain licensees with access to an
4687        electronic reference library, as provided in Section 58-55-106.
4688    (42) Funds collected from a surcharge fee to provide certain licensees with access to an
4689        electronic reference library, as provided in Section 58-56-3.5.
4690    (43) Certain fines collected by the Division of Professional Licensing for use in education
4691        and enforcement of the Security Personnel Licensing Act, as provided in Section
4692        58-63-103.
4693    (44) The Relative Value Study Restricted Account created in Section 59-9-105.
4694    (45) The Cigarette Tax Restricted Account created in Section 59-14-204.
4695    (46) Funds paid to the Division of Real Estate for the cost of a criminal background check
4696        for a mortgage loan license, as provided in Section 61-2c-202.
4697    (47) Funds paid to the Division of Real Estate for the cost of a criminal background check
4698        for principal broker, associate broker, and sales agent licenses, as provided in Section
4699        61-2f-204.
4700    (48) Certain funds donated to the Department of Health and Human Services, as provided
4701        in Section 26B-1-202.
4702    (49) Certain funds donated to the Division of Child and Family Services, as provided in
4703        Section 80-2-404.
4704    (50) Funds collected by the Office of Administrative Rules for publishing, as provided in
4705        Section 63G-3-402.
4706    (51) The Immigration Act Restricted Account created in Section 63G-12-103.
4707    (52) Money received by the military installation development authority, as provided in
4708        Section 63H-1-504.
4709    (53) The Unified Statewide 911 Emergency Service Account created in Section 63H-7a-304.
4710    (54) The Utah Statewide Radio System Restricted Account created in Section 63H-7a-403.
4711    (55) The Utah Capital Investment Restricted Account created in Section 63N-6-204.
4712    (56) The Motion Picture Incentive Account created in Section 63N-8-103.
4713    (57) Funds collected by the housing of state probationary inmates or state parole inmates, as
4714        provided in Subsection 64-13e-104(2).
4715    (58) Certain forestry and fire control funds utilized by the Division of Forestry, Fire, and
4716        State Lands, as provided in Section 65A-8-103.
4717    (59) The following funds or accounts created in Section 72-2-124:
4718        (a) Transportation Investment Fund of 2005;
4719        (b) Transit Transportation Investment Fund;
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       S.B. 323  Enrolled Copy
4720  (c) Cottonwood Canyons Transportation Investment Fund;
4721  (d) Active Transportation Investment Fund; and
4722  (e) Commuter Rail Subaccount.
4723     (60) The Amusement Ride Safety Restricted Account, as provided in Section 72-16-204.
4724     (61) Certain funds received by the Office of the State Engineer for well drilling fines or
4725  bonds, as provided in Section 73-3-25.
4726     (62) The Water Resources Conservation and Development Fund, as provided in Section
4727  73-23-2.
4728     (63) Funds collected for indigent defense as provided in Title 75E, Chapter 9, Indigent
4729  Defense Commission.
4730     [(63)] (64) Award money under the State Asset Forfeiture Grant Program, as provided under
4731  Section 77-11b-403.
4732     [(64)] (65) Funds donated or paid to a juvenile court by private sources, as provided in
4733  Subsection 78A-6-203(1)(c).
4734     [(65)] (66) Fees for certificate of admission created under Section 78A-9-102.
4735     [(66)] (67) Funds collected for adoption document access as provided in Sections 81-13-103,
4736  81-13-504, and 81-13-505.
4737     [(67) Funds collected for indigent defense as provided in Title 78B, Chapter 22, Part 4,
4738  Utah Indigent Defense Commission.]
4739     (68) The Utah Geological Survey Restricted Account created in Section 79-3-403.
4740     (69) Revenue for golf user fees at the Wasatch Mountain State Park, Palisades State Park,
4741  and Green River State Park, as provided under Section 79-4-403.
4742     (70) Certain funds received by the Division of State Parks from the sale or disposal of
4743  buffalo, as provided under Section 79-4-1001.
4744  Section 60. Section 63J-1-602.2 is amended to read:
4745  63J-1-602.2 (Effective 07/01/26) (Partially Repealed 07/01/29). List of nonlapsing
4746     appropriations to programs.
4747        Appropriations made to the following programs are nonlapsing:
4748     (1) The Legislature and the Legislature's committees.
4749     (2) The State Board of Education, including all appropriations to agencies, line items, and
4750  programs under the jurisdiction of the State Board of Education, in accordance with
4751  Section 53F-9-103.
4752     (3) The Rangeland Improvement Act created in Section 4-20-101.
4753     (4) The Percent-for-Art Program created in Section 9-6-404.
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       Enrolled Copy  S.B. 323
4754    (5) The LeRay McAllister Working Farm and Ranch Fund Program created in Title 4,
4755        Chapter 46, Part 3, LeRay McAllister Working Farm and Ranch Fund.
4756    (6) The Utah Lake Authority created in Section 11-65-201.
4757    (7) Dedicated credits accrued to the Utah Marriage Commission as provided under
4758        Subsection 17-66-303(2)(d)(ii).
4759    (8) The Wildlife Land and Water Acquisition Program created in Section 23A-6-205.
4760    (9) Sanctions collected as dedicated credits from Medicaid providers under Subsection
4761        26B-3-108(7).
4762    (10) The primary care grant program created in Section 26B-4-310.
4763    (11) The Opiate Overdose Outreach Pilot Program created in Section 26B-4-512.
4764    (12) The Utah Health Care Workforce Financial Assistance Program created in Section
4765        26B-4-702.
4766    (13) The Rural Physician Loan Repayment Program created in Section 26B-4-703.
4767    (14) The Utah Medical Education Council for the:
4768        (a) administration of the Utah Medical Education Program created in Section 26B-4-707;
4769        (b) provision of medical residency grants described in Section 26B-4-711; and
4770        (c) provision of the forensic psychiatric fellowship grant described in Section 26B-4-712.
4771    (15) The Division of Services for People with Disabilities, as provided in Section 26B-6-402.
4772    (16) The Communication Habits to reduce Adolescent Threats (CHAT) Pilot Program
4773        created in Section 26B-7-122.
4774    (17) Funds that the Department of Alcoholic Beverage Services retains in accordance with
4775        Subsection 32B-2-301(8)(a) or (b).
4776    (18) The General Assistance program administered by the Department of Workforce
4777        Services, as provided in Section 35A-3-401.
4778    (19) The Utah National Guard, created in Title 39A, National Guard and Militia Act.
4779    (20) The Search and Rescue Financial Assistance Program, as provided in Section
4780        53-2a-1102.
4781    (21) The Emergency Medical Services Grant Program, as provided in Section 53-2d-207.
4782    (22) The Motorcycle Rider Education Program, as provided in Section 53-3-905.
4783    (23) The Utah Board of Higher Education for teacher preparation programs, as provided in
4784        Section 53H-5-402.
4785    (24) Innovation grants under Section 53G-10-608, except as provided in Subsection
4786        53G-10-608(3).
4787    (25) The Division of Fleet Operations for the purpose of upgrading underground storage
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       S.B. 323  Enrolled Copy
4788  tanks under Section 63A-9-401.
4789     (26) The Division of Technology Services for technology innovation as provided under
4790  Section 63A-16-903.
4791     (27) The State Capitol Preservation Board created by Section 63O-2-201.
4792     (28) The Office of Administrative Rules for publishing, as provided in Section 63G-3-402.
4793     (29) The Colorado River Authority of Utah, created in Title 63M, Chapter 14, Colorado
4794  River Authority of Utah Act.
4795     (30) The Governor's Office of Economic Opportunity to fund the Enterprise Zone Act, as
4796  provided in Title 63N, Chapter 2, Part 2, Enterprise Zone Act.
4797     (31) The Governor's Office of Economic Opportunity's Rural Employment Expansion
4798  Program, as described in Title 63N, Chapter 4, Part 4, Rural Employment Expansion
4799  Program.
4800     (32) County correctional facility contracting program for state inmates as described in
4801  Section 64-13e-103.
4802     (33) County correctional facility reimbursement program for state probationary inmates and
4803  state parole inmates as described in Section 64-13e-104.
4804     (34) Programs for the Jordan River Recreation Area as described in Section 65A-2-8.
4805     (35) The Division of Human Resource Management user training program, as provided in
4806  Section 63A-17-106.
4807     (36) A public safety answering point's emergency telecommunications service fund, as
4808  provided in Section 69-2-301.
4809     (37) The Traffic Noise Abatement Program created in Section 72-6-112.
4810     (38) The money appropriated from the Navajo Water Rights Negotiation Account to the
4811  Division of Water Rights, created in Section 73-2-1.1, for purposes of participating in a
4812  settlement of federal reserved water right claims.
4813     (39) Indigent defense as provided in Title 75E, Chapter 9, Indigent Defense Commission.
4814     [(39)] (40) The Judicial Council for compensation for special prosecutors, as provided in
4815  Section 77-10a-19.
4816     [(40)] (41) A state rehabilitative employment program, as provided in Section 78A-6-210.
4817     [(41)] (42) The Utah Geological Survey, as provided in Section 79-3-401.
4818     [(42)] (43) The Bonneville Shoreline Trail Program created under Section 79-5-503.
4819     [(43)] (44) Adoption document access as provided in Sections 81-13-103, 81-13-504, and
4820  81-13-505.
4821     [(44) Indigent defense as provided in Title 78B, Chapter 22, Part 4, Utah Indigent Defense
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4822        Commission.]
4823    (45) The program established by the Division of Facilities Construction and Management
4824        under Section 63A-5b-703 under which state agencies receive an appropriation and pay
4825        lease payments for the use and occupancy of buildings owned by the Division of
4826        Facilities Construction and Management.
4827    (46) The State Tax Commission for reimbursing counties for deferrals in accordance with
4828        Section 59-2-1802.5.
4829    (47) The Veterinarian Education Loan Repayment Program created in Section 4-2-902.
4830  Section 61. Section 63O-2-301 is amended to read:
4831  63O-2-301 (Effective 07/01/26). Board powers -- Subcommittees.
4832    (1) The board shall:
4833        (a) except as otherwise provided in Chapter 1, Control and Maintenance of Capitol Hill,
4834  exercise complete jurisdiction and stewardship over capitol hill facilities, capitol hill
4835  grounds, and the capitol hill complex;
4836        (b) preserve, maintain, and restore the capitol hill complex, capitol hill facilities, capitol
4837  hill grounds, and their contents;
4838        (c) before October 1 of each year, review and approve the executive director's annual
4839  budget request for submittal to the governor and Legislature;
4840        (d) on or before October 1 of each year, prepare and submit a recommended budget
4841  request for the upcoming fiscal year for the capitol hill complex to:
4842  (i) the governor, through the Governor's Office of Planning and Budget; and
4843  (ii) the Legislature's appropriations subcommittee responsible for capitol hill
4844  facilities, through the Office of the Legislative Fiscal Analyst;
4845        (e) review and approve the executive director's:
4846  (i) annual work plan;
4847  (ii) long-range master plan for the capitol hill complex, capitol hill facilities, and
4848  capitol hill grounds; and
4849  (iii) furnishings plan for placement and care of objects under the care of the board;
4850        (f) approve all changes to the buildings and their grounds, including:
4851  (i) restoration, remodeling, and rehabilitation projects;
4852  (ii) usual maintenance program; and
4853  (iii) any transfers or loans of objects under the board's care;
4854        (g) define and identify all significant aspects of capitol hill, after consultation with the:
4855  (i) Division of Facilities Construction and Management;
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4856  (ii) State Library Division;
4857  (iii) Division of Archives and Records Service;
4858  (iv) Utah Historical Society;
4859  (v) Office of Museum Services; and
4860  (vi) Arts Council;
4861  (h) inventory, define, and identify all significant contents of the buildings and all
4862  state-owned items of historical significance that were at one time in the buildings,
4863  after consultation with the:
4864  (i) Division of Facilities Construction and Management;
4865  (ii) State Library Division;
4866  (iii) Division of Archives and Records Service;
4867  (iv) Utah Historical Society;
4868  (v) Office of Museum Services; and
4869  (vi) Arts Council;
4870  (i) maintain archives relating to the construction and development of the buildings, the
4871  contents of the buildings and the grounds, including plans, specifications,
4872  photographs, purchase orders, and other related documents, the original copies of
4873  which shall be maintained by the Division of Archives and Records Service;
4874  (j) comply with federal and state laws related to program and facility accessibility; and
4875  (k) establish procedures for receiving, hearing, and deciding complaints or other issues
4876  raised about capitol hill and the use of capitol hill.
4877     (2)(a) The board shall make rules to govern, administer, and regulate capitol hill, in
4878  accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
4879  (b) A violation of a rule relating to the use of capitol hill [adopted] made by the board
4880  under the authority of this Subsection (2) is an infraction.
4881  (c) If an act violating a rule under Subsection (2)(b) also amounts to an offense subject
4882  to a greater penalty under this title, Title 32B, Alcoholic Beverage Control Act, Title
4883  41, Motor Vehicles, [Title 76, Utah Criminal Code] Title 76, Criminal Offenses, or
4884  other provision of state law, Subsection [(3)(b)] (2)(b) does not prohibit prosecution
4885  and sentencing for the more serious offense.
4886  (d) In addition to any punishment allowed under Subsections (2)(b) and (c), a person
4887  who violates a rule [adopted] made by the board under the authority of this
4888  Subsection (2) is subject to a civil penalty not to exceed $2,500 for each violation,
4889  plus the amount of any actual damages, expenses, and costs related to the violation of
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4890  the rule that are incurred by the state.
4891        (e) The board may take any other legal action allowed by law.
4892        (f) The board may not apply this section or rules [adopted] made under the authority of
4893  this section in a manner that violates a person's rights under the Utah Constitution or
4894  the First Amendment to the United States Constitution, including the right of persons
4895  to peaceably assemble.
4896        (g) The board shall send proposed rules under this section to the legislative general
4897  counsel and the governor's general counsel for review and comment before the board [
4898  adopts] makes the rules.
4899    (3) The board is exempt from the requirements of Title 63G, Chapter 6a, Utah Procurement
4900        Code, but shall [adopt] make procurement rules substantially similar to the requirements
4901        of that chapter.
4902    (4) The board shall name:
4903        (a) the House Building the "Rebecca D. Lockhart House Building"; and
4904        (b) committee room 210 in the Senate Building the "Allyson W. Gamble Committee
4905  Room."
4906    (5)(a) The board may:
4907  (i) establish subcommittees made up of board members and members of the public to
4908  assist and support the executive director in accomplishing the executive director's
4909  duties;
4910  (ii) establish fees for the use of capitol hill facilities and grounds;
4911  (iii) assign and allocate specific duties and responsibilities to any other state agency,
4912  if the other agency agrees to perform the duty or accept the responsibility;
4913  (iv) contract with another state agency to provide services;
4914  (v) delegate by specific motion of the board any authority granted to the board under
4915  this section to the executive director;
4916  (vi) in conjunction with Salt Lake City, expend money to improve or maintain public
4917  property contiguous to East Capitol Boulevard and capitol hill;
4918  (vii) provide wireless [Internet] internet service to the public without a fee in any
4919  capitol hill facility; and
4920  (viii) when necessary, consult with the:
4921  (A) Division of Facilities Construction and Management;
4922  (B) State Library Division;
4923  (C) Division of Archives and Records Service;
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4924  (D) Utah Historical Society;
4925  (E) Office of Museum Services; and
4926  (F) Arts Council.
4927  (b) The board's provision of wireless [Internet] internet service under Subsection
4928  (5)(a)(vii) shall be discontinued in the legislative area if the president of the Senate
4929  and the speaker of the House of Representatives each submit a signed letter to the
4930  board indicating that the service is disruptive to the legislative process and is to be
4931  discontinued.
4932  (c) If a budget subcommittee is established by the board, the following shall serve as ex
4933  officio, nonvoting members of the budget subcommittee:
4934  (i) the legislative fiscal analyst, or the analyst's designee, who shall be from the
4935  Office of the Legislative Fiscal Analyst; and
4936  (ii) the executive director of the Governor's Office of Planning and Budget, or the
4937  executive director's designee, who shall be from the Governor's Office of Planning
4938  and Budget.
4939  (d) If a preservation and maintenance subcommittee is established by the board, the
4940  board may, by majority vote, appoint one or each of the following to serve on the
4941  subcommittee as voting members of the subcommittee:
4942  (i) an architect, who shall be selected from a list of three architects submitted by the
4943  American Institute of Architects; or
4944  (ii) an engineer, who shall be selected from a list of three engineers submitted by the
4945  American Civil Engineers Council.
4946  (e) If the board establishes any subcommittees, the board may, by majority vote, appoint
4947  up to two people who are not members of the board to serve, at the will of the board,
4948  as nonvoting members of a subcommittee.
4949  (f) Members of each subcommittee shall, at the first meeting of each calendar year,
4950  select one individual to act as chair of the subcommittee for a one-year term.
4951     (6)(a) The board, and the employees of the board, may not move the office of the
4952  governor, lieutenant governor, president of the Senate, speaker of the House of
4953  Representatives, or a member of the Legislature from the State Capitol unless the
4954  removal is approved by:
4955  (i) the governor, in the case of the governor's office;
4956  (ii) the lieutenant governor, in the case of the lieutenant governor's office;
4957  (iii) the president of the Senate, in the case of the president's office or the office of a
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4958  member of the Senate; or
4959  (iv) the speaker of the House of Representatives, in the case of the speaker's office or
4960  the office of a member of the House.
4961        (b) The board and the employees of the board have no control over the furniture,
4962  furnishings, and decorative objects in the offices of the governor, lieutenant
4963  governor, or the members of the Legislature except as necessary to inventory or
4964  conserve items of historical significance owned by the state.
4965        (c) The board and the employees of the board have no control over records and
4966  documents produced by or in the custody of a state agency, official, or employee
4967  having an office in a building on capitol hill.
4968        (d) Except for items identified by the board as having historical significance, and except
4969  as provided in Subsection (6)(b), the board and the employees of the board have no
4970  control over moveable furnishings and equipment in the custody of a state agency,
4971  official, or employee having an office in a building on capitol hill.
4972  Section 62. Section 64-13-6 is amended to read:
4973  64-13-6 (Effective 07/01/26). Department duties.
4974    (1) The department shall:
4975        (a) protect the public through institutional care and confinement, and supervision in the
4976  community of offenders where appropriate;
4977        (b) implement court-ordered punishment of offenders;
4978        (c) provide evidence-based and evidence-informed program opportunities for offenders
4979  designed to reduce offenders' criminogenic and recidivism risks, including
4980  behavioral, cognitive, educational, and career-readiness program opportunities;
4981        (d) ensure that offender participation in all program opportunities described in
4982  Subsection (1)(c) is voluntary;
4983        (e) where appropriate, utilize offender volunteers as mentors in the program
4984  opportunities described in Subsection (1)(c);
4985        (f) provide treatment for sex offenders who are found to be treatable based upon criteria
4986  developed by the department;
4987        (g) provide the results of ongoing clinical assessment of sex offenders and objective
4988  diagnostic testing to sentencing and release authorities;
4989        (h) manage programs that take into account the needs and interests of victims, where
4990  reasonable;
4991        (i) through the Division of Adult Probation and Parole created in Section 64-14-202,
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4992  supervise probationers and parolees as directed by statute and implemented by the
4993  courts and the Board of Pardons and Parole;
4994  (j) subject to Subsection (2), investigate criminal conduct involving offenders
4995  incarcerated in a state correctional facility;
4996  (k) cooperate and exchange information with other state, local, and federal law
4997  enforcement agencies to achieve greater success in prevention and detection of crime
4998  and apprehension of criminals;
4999  (l) implement the provisions of Title 77, Chapter 28c, Interstate Compact for Adult
5000  Offender Supervision;
5001  (m) establish a case action plan based on appropriate validated risk, needs, and
5002  responsivity assessments for each offender as follows:
5003  (i)(A) if an offender is to be supervised in the community, the department shall
5004  establish a case action plan for the offender no later than 60 days after the day
5005  on which the department's community supervision of the offender begins; and
5006  (B) if the offender is committed to the custody of the department, the department
5007  shall establish a case action plan for the offender no later than 90 days after the
5008  day on which the offender is committed to the custody of the department;
5009  (ii) each case action plan shall:
5010  (A) integrate an individualized, evidence-based, and evidence-informed treatment
5011  and program plan with clearly defined completion requirements; and
5012  (B) require that a case manager will:
5013  (I) ensure that an assessment of the education level, occupational interests, and
5014  aptitudes of the inmate has been completed;
5015  (II) refer the inmate to a higher education student advisor at an institution
5016  offering programs consistent with the inmate's interests and aptitudes for
5017  advisement on educational preferences and plans;
5018  (III) incorporate the inmate's interests, aptitudes, and student advisement into
5019  an education plan consistent with the guidance provided by the Higher
5020  Education and Corrections Council created in Section 53H-1-604; and
5021  (IV) refer the inmate to the student advisor at the institution called for in the
5022  case action plan for guidance and assistance with the education process;
5023  (iii) the department shall share each newly established case action plan with the
5024  sentencing and release authority within 30 days after the day on which the case
5025  action plan is established; and
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5026  (iv) the department shall share any changes to a case action plan, including any
5027  change in an offender's risk assessment, with the sentencing and release authority
5028  within 30 days after the day of the change;
5029        (n) ensure that an inmate has reasonable access to legal research;
5030        (o) ensure that any training or certification required of a public official or public
5031  employee, as those terms are defined in Section 63G-22-102, complies with Title
5032  63G, Chapter 22, State Training and Certification Requirements, if the training or
5033  certification is required:
5034  (i) under this title;
5035  (ii) by the department; or
5036  (iii) by an agency or division within the department;
5037        (p) when reporting on statewide recidivism, include the metrics and requirements
5038  described in Section [63M-7-102] 75E-2-203;
5039        (q) create a reentry division that focuses on the successful reentry of inmates into the
5040  community, which shall include:
5041  (i) screening and assessments for an inmate's risks and needs;
5042  (ii) individualized plans and case management;
5043  (iii) quality treatment, education, and job preparation;
5044  (iv) community partnerships; and
5045  (v) comprehensive release planning before the inmate's release, including:
5046  (A) coordination with support services; and
5047  (B) coordination with one or more family members or friends, if the inmate has
5048  given permission to contact specific individuals for this purpose;
5049        (r) coordinate with the Board of Pardons and Parole regarding inmate records that are
5050  necessary for the Board of Pardons and Parole to make necessary determinations
5051  regarding an inmate; and
5052        (s) ensure that inmate records regarding discipline, programs, and other relevant metrics
5053  are:
5054  (i) complete and updated in a timely manner; and
5055  (ii) when applicable, shared with the Board of Pardons and Parole in a timely manner.
5056    (2) In accordance with department policy, the department may conduct criminal
5057        investigations regarding an allegation that:
5058        (a) an offender has committed a criminal offense; or
5059        (b) an employee of the department has committed a criminal offense.
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5060     (3)(a) The executive director of the department, or the executive director's designee if
5061  the designee possesses expertise in correctional programming, shall consult at least
5062  annually with cognitive and career-readiness staff experts from the Utah system of
5063  higher education and the State Board of Education to review the department's
5064  evidence-based and evidence-informed treatment and program opportunities.
5065  (b) Beginning in the 2022 interim, the department shall provide an annual report to the
5066  Law Enforcement and Criminal Justice Interim Committee regarding:
5067  (i) the department's implementation of and offender participation in evidence-based
5068  and evidence-informed treatment and program opportunities designed to reduce
5069  the criminogenic and recidivism risks of offenders over time; and
5070  (ii) the progress of the department's implementation of the inmate program
5071  requirements described in Section 64-13-50.
5072     (4)(a) As used in this Subsection (4):
5073  (i) "Accounts receivable" means any amount owed by an offender arising from a
5074  criminal judgment that has not been paid.
5075  (ii) "Accounts receivable" includes unpaid fees, overpayments, fines, forfeitures,
5076  surcharges, costs, interest, penalties, restitution to victims, third-party claims,
5077  claims, reimbursement of a reward, and damages that an offender is ordered to
5078  pay.
5079  (b) The department shall collect and disburse, with any interest and any other costs
5080  assessed under Section 64-14-204, an accounts receivable for an offender during:
5081  (i) the parole period and any extension of that period in accordance with Subsection
5082  (4)(c); and
5083  (ii) the probation period for which the court orders supervised probation and any
5084  extension of that period by the department in accordance with Subsection
5085  77-18-105(7).
5086  (c)(i) If an offender has an unpaid balance of the offender's accounts receivable at the
5087  time that the offender's sentence expires or terminates, the department shall be
5088  referred to the sentencing court for the sentencing court to enter a civil judgment
5089  of restitution and a civil accounts receivable as described in Section 77-18-114.
5090  (ii) If the board makes an order for restitution within 60 days from the day on which
5091  the offender's sentence expires or terminates, the board shall refer the order for
5092  restitution to the sentencing court to be entered as a civil judgment of restitution as
5093  described in Section 77-18-114.
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5094        (d) This Subsection (4) only applies to offenders sentenced before July 1, 2021.
5095    (5)(a) The department may procure or adopt technology services to facilitate the
5096        coordination of services and enhance accountability with agencies, local partners, and
5097        community-based organizations that are involved with assisting individuals on
5098        probation or parole.
5099        (b) If possible, the technology services described in Subsection (5)(a) shall:
5100  (i) maintain a single, secure client record with a unique identifier to ensure seamless
5101  coordination and reduce duplication of services;
5102  (ii) notify authorized users of incoming service requests or referrals;
5103  (iii) provide secure access to information necessary to understanding and addressing
5104  the needs of an individual, including the individual's service and care history;
5105  (iv) allow authorized users to exchange information with referring or collaborating
5106  organizations through a secure and live chat feature; and
5107  (v) send and track individual referrals, store referral outcomes, and document
5108  services provided.
5109  Section 63. Section 64-13-14.5 is amended to read:
5110  64-13-14.5 (Effective 07/01/26). Limits of confinement place -- Release status --
5111    Work release.
5112    (1) The department may extend the limits of the place of confinement of an inmate when, as
5113        established by department policies and procedures, there is cause to believe the inmate
5114        will honor the trust, by authorizing the inmate under prescribed conditions:
5115        (a) to leave temporarily for purposes specified by department policies and procedures to
5116  visit specifically designated places for a period not to exceed 30 days;
5117        (b) to participate in a voluntary training program in the community while housed at a
5118  correctional facility or to work at paid employment;
5119        (c) to be housed in a nonsecure community correctional center operated by the
5120  department; or
5121        (d) to be housed in any other facility under contract with the department.
5122    (2)(a) The department shall establish rules governing offenders on release status.
5123        (b) A copy of the rules established under Subsection (2)(a) shall be furnished to the
5124  offender and to any employer or other person participating in the offender's release
5125  program.
5126        (c) Any employer or other participating person shall agree in writing to abide by the
5127  rules established under Subsection (2)(a) and to notify the department of the
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5128  offender's discharge or other release from a release program activity, or of any
5129  violation of the rules governing release status.
5130     (3) The willful failure of an inmate to remain within the extended limits of his confinement
5131  or to return within the time prescribed to an institution or facility designated by the
5132  department is an escape from custody.
5133     (4) If an offender is arrested for the commission of a crime, the arresting authority shall
5134  immediately notify the department of the arrest.
5135     (5) The department may impose appropriate sanctions [pursuant to] in accordance with
5136  Section 64-14-204 upon offenders who violate the adult sentencing and supervision
5137  length guidelines, as defined in Section [63M-7-401.1] 75E-4-101, including prosecution
5138  for escape under Section 76-8-309 or 76-8-309.3 and for absconding from supervision.
5139     (6) An inmate who is housed at a nonsecure correctional facility and on work release may
5140  not be required to work for less than the current federally established minimum wage, or
5141  under substandard working conditions.
5142  Section 64. Section 64-13-14.7 is amended to read:
5143  64-13-14.7 (Effective 07/01/26). Victim notification of offender's release.
5144     (1) As used in this section:
5145  (a) "Offender" means [a person] an individual who committed an act of criminally
5146  injurious conduct against the victim and has been sentenced to incarceration in the
5147  custody of the department.
5148  (b)(i) "Victim" means [a person] an individual against whom an offender committed
5149  criminally injurious conduct as defined in Section [63M-7-502] 75E-5-101, and
5150  who is entitled to notice of hearings regarding the offender's parole under Section
5151  77-27-9.5.[ ]
5152  (ii) "Victim" includes the legal guardian of a victim, or the representative of the
5153  family of a victim who is deceased.
5154     (2)(a)(i) Upon submitting a signed written request of notification to the Department
5155  of Corrections, a victim shall be notified of an offender's release under [Sections ]
5156  Section 64-13-14.5 and [64-13-14.7] this section, or any other release to or from a
5157  half-way house, to a program outside of the prison such as a rehabilitation
5158  program, state hospital, community center other than a release on parole,
5159  commutation, or termination for which notice is provided under Sections 77-27-9.5
5160  and 77-27-9.7, transfer of the offender to an out-of-state facility, an offender's
5161  escape, or an offender's termination from probation or parole.
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5162  (ii) The request shall include a current mailing address and may include current
5163  telephone numbers if the victim chooses.
5164  (iii) The notice for an offender's termination from probation or parole shall notify the
5165  victim that the victim may petition the court for the appropriate continuous
5166  protective order under Subsection 78B-7-804(5) or 78B-7-805(5).
5167        (b)(i) Subject to Subsection (2)(b)(ii), the department shall advise the victim of an
5168  offender's release or escape under Subsection (2)(a), in writing.
5169  (ii) If written notice is not feasible because the release is immediate or the offender
5170  escapes, the department shall make a reasonable attempt to notify the victim by
5171  telephone if the victim has provided a telephone number under Subsection (2)(a)
5172  and shall follow up with a written notice.
5173    (3)(a) Notice of victim rights under this section shall be provided to the victim in the
5174        notice of hearings regarding parole under Section 77-27-9.5.
5175        (b) The department shall coordinate with the Board of Pardons and Parole to ensure the
5176  notice is implemented.
5177    (4) A victim's request for notification under this section and any notification to a victim
5178        under this section is private information that the department may not release:
5179        (a) to the offender under any circumstances; or
5180        (b) to any other party without the written consent of the victim.
5181    (5) The department may make rules as necessary to implement this section.
5182    (6) The department or [its] the department's employees acting within the scope of their
5183        employment are not civilly or criminally liable for failure to provide notice or improper
5184        notice under this section unless the failure or impropriety is willful or grossly negligent.
5185  Section 65. Section 64-13-23 is amended to read:
5186  64-13-23 (Effective 07/01/26). Offender's income, debt, and finances --
5187    Department responsibilities concerning offender debt and financial information.
5188    (1) The department may require each offender, while in the custody of the department or
5189        while on probation or parole, to place funds received or earned by the offender from any
5190        source into:
5191        (a) an account administered by the department; or
5192        (b) a joint account with the department at a federally insured financial institution.
5193    (2) The department may require each offender to maintain a minimum balance in an
5194        account under Subsection (1) for the particular offender's use upon:
5195        (a) discharge from the custody of the department; or
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5196  (b) completion of parole or probation.
5197     (3) If the funds are placed in a joint account at a federally insured financial institution:
5198  (a) any interest accrues to the benefit of the offender account; and
5199  (b) the department may require that the signatures of both the offender and a
5200  departmental representative be submitted to the financial institution to withdraw
5201  funds from the account.
5202     (4) If the funds are placed in an account administered by the department, the department
5203  may by rule designate:
5204  (a) a certain portion of the offender's funds as interest-bearing savings; and
5205  (b) a portion of the offender's funds as noninterest-bearing to be used for day-to-day
5206  expenses.
5207     (5)(a) The department may withhold part of the offender's funds in an account under
5208  Subsection (1) for expenses of:
5209  (i) supervision or treatment;
5210  (ii) restitution, [reparation] victim compensation, fines, alimony, support payments, or
5211  similar court-ordered payments;
5212  (iii) obtaining the offender's DNA specimen, if the offender is required under Section
5213  53-10-404 to provide a specimen;
5214  (iv) department-ordered repayment of a fine that is incurred under Section 64-13-33;
5215  and
5216  (v) other debt to the state.
5217  (b) The department shall provide or make available an account statement at least every
5218  two weeks to each inmate who has an account under Subsection (1) that contains:
5219  (i) a list of the inmate's known existing debts, including debts related to the inmate's
5220  restitution, court costs, fines, tax obligations, alimony, child support, other
5221  court-ordered payments, and similar debts;
5222  (ii) information regarding incentives for paying certain debts while incarcerated; and
5223  (iii) information on how the inmate can access information concerning:
5224  (A) the debts listed in Subsection (5)(b)(i); and
5225  (B) educational resources on financial literacy and money management.
5226  (c) The department may provide an account statement to a former inmate through the
5227  former inmate's parole officer through the Division of Adult Probation and Parole
5228  upon request.
5229     (6)(a) An offender may not be granted free process in civil actions, including petitions
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5230        for a writ of habeas corpus, if, at any time from the date the cause of action arose
5231        through the date the cause of action remains pending, there are any funds in an
5232        account under Subsection (1) that have not been withheld or are not subject to
5233        withholding under Subsection (4) or (5).
5234        (b) The amount assessed for the filing fee, service of process and other fees and costs
5235  shall not exceed the total amount of funds the offender has in excess of the indigence
5236  threshold established by the department but not less than $25 including the
5237  withholdings under Subsection (4) or (5) during the identified period of time.
5238        (c) The amounts assessed shall not exceed the regular fees and costs provided by law.
5239    (7) The department may disclose information on offender accounts to the Office of
5240        Recovery Services and other appropriate state agencies.
5241    (8) The department shall publish a notice on the department's website, and any website used
5242        by an individual depositing funds into an offender's account, that the individual may
5243        request from the department a copy of a statement of the offender's financial account in
5244        accordance with Title 63G, Chapter 2, Government Records Access and Management
5245        Act.
5246    (9)(a)(i) Beginning on January 1, 2027, within 15 days after an inmate has been
5247        incarcerated in a state prison for 90 consecutive days, the department shall notify
5248        the Office of State Debt Collection, the State Tax Commission, and the Office of
5249        Recovery Services about the inmate's incarceration, including:
5250  (A) the relevant dates of the inmate's incarceration and identifying information
5251  concerning the inmate's identity; and
5252  (B) whether the inmate's incarceration is based on criminal non-payment of a child
5253  support order or an offense against the child or custodial parent.
5254  (ii) Beginning on January 1, 2027, within 15 days after the day on which an inmate is
5255  released from incarceration, the department shall notify the entities listed in
5256  Subsection (9)(a)(i) of the inmate's release date.
5257        (b) The requirement described in Subsection (9)(a)(i) does not apply if a court, county
5258  jail, or other entity previously has notified the agencies listed in Subsection (9)(a)(i)
5259  about the inmate's incarceration.
5260    (10)(a) The department shall, on a periodic basis, offer educational resources to one or
5261        more individuals designated by an inmate concerning financial incentives for
5262        repaying certain debts during an inmate's incarceration.
5263        (b) The department may, if the department has received an inmate's consent, provide one
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5264  or more individuals designated by an inmate with information concerning the
5265  inmate's current financial account balance and existing known debts, in addition to
5266  the information provided under Subsection (10)(a).
5267  Section 66. Section 64-13-25 is amended to read:
5268  64-13-25 (Effective 07/01/26). Standards for programs -- Audits.
5269     (1)(a) To promote accountability and to ensure safe and professional operation of
5270  correctional programs, the department shall establish minimum standards for the
5271  organization and operation of the department's programs, including collaborating
5272  with the Department of Health and Human Services to establish minimum standards
5273  for programs providing assistance for individuals involved in the criminal justice
5274  system.
5275  (b)(i) The department shall [promulgate] establish the standards according to state
5276  rulemaking provisions.
5277  (ii) Those standards that apply to offenders are exempt from the provisions of Title
5278  63G, Chapter 3, Utah Administrative Rulemaking Act.
5279  (iii) Offenders are not a class of persons under Title 63G, Chapter 3, Utah
5280  Administrative Rulemaking Act.
5281  (c) The standards shall provide for inquiring into and processing offender complaints.
5282  (d)(i) The department shall establish minimum standards and qualifications for
5283  treatment programs provided in county jails to which persons committed to the
5284  state prison are placed by jail contract under Section 64-13e-103.
5285  (ii) In establishing the standards and qualifications for the treatment programs, the
5286  department shall:
5287  (A) consult and collaborate with the county sheriffs and the Office of Substance
5288  Use and Mental Health; and
5289  (B) include programs demonstrated by recognized scientific research to reduce
5290  recidivism by addressing an offender's criminal risk factors as determined by a
5291  risk and needs assessment.
5292  (iii) All jails contracting to house offenders committed to the state prison shall meet
5293  the minimum standards for treatment programs as established under this
5294  Subsection (1)(d).
5295  (e)(i) The department shall establish minimum standards for sex offense treatment,
5296  which shall include the requirements under Subsection 64-13-7.5(3) regarding
5297  licensure and competency.
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5298  (ii) The standards shall require the use of evidence-based practices to address
5299  criminal risk factors as determined by validated assessments.
5300  (iii) The department shall collaborate with the Office of Substance Use and Mental
5301  Health to develop and effectively distribute the standards to jails and to mental
5302  health professionals who desire to provide mental health treatment for sex
5303  offenders.
5304  (iv) The department shall establish the standards by administrative rule in accordance
5305  with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
5306    (2)(a) The department shall establish a certification process for public and private
5307        providers of treatment for sex offenders on probation or parole that requires the
5308        providers' sex offense treatment practices meet the standards and practices
5309        established under Subsection (1)(e)(i) with the goal of reducing sex offender
5310        recidivism.
5311        (b) The department shall collaborate with the Office of Substance Use and Mental
5312  Health to develop, coordinate, and implement the certification process.
5313        (c) The department shall base the certification process on the standards under Subsection
5314  (1)(e)(i) and require renewal of certification every two years.
5315        (d) All public and private providers of sex offense treatment, including those providing
5316  treatment to offenders housed in county jails by contract under Section 64-13e-103,
5317  shall comply with the standards in order to begin receiving or continue receiving
5318  payment from the department to provide sex offense treatment.
5319        (e) The department shall establish the certification program by administrative rule in
5320  accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
5321    (3) The department:
5322        (a) shall establish performance goals and outcome measurements for all programs that
5323  are subject to the minimum standards established under this section and collect data
5324  to analyze and evaluate whether the goals and measurements are attained;
5325        (b) shall collaborate with the Office of Substance Use and Mental Health to develop and
5326  coordinate the performance goals and outcome measurements, including recidivism
5327  rates and treatment success and failure rates;
5328        (c) may use the data collected under Subsection (3)(b) to make decisions on the use of
5329  funds to provide treatment for which standards are established under this section;
5330        (d) shall collaborate with the Office of Substance Use and Mental Health to track a
5331  subgroup of participants to determine if there is a net positive result from the use of
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5332  treatment as an alternative to incarceration;
5333  (e) shall collaborate with the Office of Substance Use and Mental Health to evaluate the
5334  costs, including any additional costs, and the resources needed to attain the
5335  performance goals established for the use of treatment as an alternative to
5336  incarceration; and
5337  (f) shall annually provide data collected under this Subsection (3) to the [State
5338  Commission on Criminal and Juvenile Justice] Department of Criminal Justice on or
5339  before August 31.
5340     (4) The [State Commission on Criminal and Juvenile Justice] Department of Criminal Justice
5341  shall compile a written report of the findings based on the data collected under
5342  Subsection (3) and provide the report to the legislative Judiciary Interim Committee, the
5343  Health and Human Services Interim Committee, the Law Enforcement and Criminal
5344  Justice Interim Committee, and the related appropriations subcommittees.
5345  Section 67. Section 64-13-45 is amended to read:
5346  64-13-45 (Effective 07/01/26). Department reporting requirements.
5347     (1) As used in this section:
5348  (a) "Biological sex at birth" means the same as that term is defined in Section 26B-8-101.
5349  (b)(i) "In-custody death" means an inmate death that occurs while the inmate is in the
5350  custody of the department.
5351  (ii) "In-custody death" includes an inmate death that occurs while the inmate is:
5352  (A) being transported for medical care; or
5353  (B) receiving medical care outside of a correctional facility, other than a county
5354  jail.
5355  (c) "Inmate" means an individual who is processed or booked into custody or housed in
5356  the department or a correctional facility other than a county jail.
5357  (d) "Opiate" means the same as that term is defined in Section 58-37-2.
5358  (e) "Transgender inmate" means the same as that term is defined in Section 64-13-7.
5359     (2) The department shall submit a report to the [Commission on Criminal and Juvenile
5360  Justice] Department of Criminal Justice created in Section [63M-7-201] 75E-2-102 before
5361  June 15 of each year that includes:
5362  (a) the number of in-custody deaths that occurred during the preceding calendar year,
5363  including:
5364  (i) the known, or discoverable on reasonable inquiry, causes and contributing factors
5365  of each of the in-custody deaths described in Subsection (2)(a); and
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5366  (ii) the department's policy for notifying an inmate's next of kin after the inmate's
5367  in-custody death;
5368        (b) the department policies, procedures, and protocols:
5369  (i) for treatment of an inmate experiencing withdrawal from alcohol or substance use,
5370  including use of opiates;
5371  (ii) that relate to the department's provision, or lack of provision, of medications used
5372  to treat, mitigate, or address an inmate's symptoms of withdrawal, including
5373  methadone and all forms of buprenorphine and naltrexone; and
5374  (iii) that relate to screening, assessment, and treatment of an inmate for a substance
5375  use disorder or mental health disorder;
5376        (c) the number of inmates who gave birth and were restrained in accordance with
5377  Section 64-13-46, including:
5378  (i) the types of restraints used; and
5379  (ii) whether the use of restraints was to prevent escape or to ensure the safety of the
5380  inmate, medical or corrections staff, or the public;
5381        (d) the number of transgender inmates that are assigned to a living area with inmates
5382  whose biological sex at birth do not correspond with the transgender inmate's
5383  biological sex at birth in accordance with Section 64-13-7, including:
5384  (i) the results of the individualized security analysis conducted for each transgender
5385  inmate in accordance with Subsection 64-13-7(5)(a); and
5386  (ii) a detailed explanation regarding how the security conditions described in
5387  Subsection 64-13-7(5)(b) are met for each transgender inmate;
5388        (e) the number of transgender inmates that were:
5389  (i) assigned to a living area with inmates whose biological sex at birth do not
5390  correspond with the transgender inmate's biological sex at birth; and
5391  (ii) removed and assigned to a living area with inmates whose biological sex at birth
5392  corresponds with the transgender inmate's biological sex at birth in accordance
5393  with Subsection 64-13-7(6); and
5394        (f) any report the department provides or is required to provide under federal law or
5395  regulation relating to inmate deaths.
5396    (3) The [Commission on Criminal and Juvenile Justice] Department of Criminal Justice
5397        shall:
5398        (a) compile the information from the reports described in Subsection (2);
5399        (b) omit or redact any identifying information of an inmate in the compilation to the
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5400  extent omission or redaction is necessary to comply with state and federal law[ ]; and
5401  (c) submit the compilation to the Law Enforcement and Criminal Justice Interim
5402  Committee and the Utah Substance Use and Mental Health Advisory Committee
5403  before November 1 of each year.
5404     (4) The [Commission on Criminal and Juvenile Justice] Department of Criminal Justice may
5405  not provide access to or use the department's policies, procedures, or protocols submitted
5406  under this section in a manner or for a purpose not described in this section.
5407  Section 68. Section 64-13e-102 is amended to read:
5408  64-13e-102 (Effective 07/01/26). Definitions.
5409        As used in this chapter:
5410     (1) "Alternative treatment program" means:
5411  (a) an evidence-based cognitive behavioral therapy program; or
5412  (b) a certificate-based program provided by:
5413  (i) an institution of higher education described in Subsection 53H-1-102(1)(b); or
5414  (ii) a degree-granting institution acting in the degree-granting institution's technical
5415  education role described in Section 53H-3-608.
5416     (2) "Average state daily incarceration cost" means the average cost incurred by the
5417  department per bed day over the previous three fiscal years, that reflects the following
5418  expenses incurred by the department for housing an inmate:
5419  (a) executive overhead;
5420  (b) administrative overhead;
5421  (c) transportation overhead;
5422  (d) division overhead; and
5423  (e) motor pool expenses.
5424     (3) "Board" means the Board of Pardons and Parole.
5425     [(4) "Commission" means the State Commission on Criminal and Juvenile Justice, created
5426  in Section 63M-7-201.]
5427     [(5)] (4)(a) "Condition of probation day" means a day spent by a state probationary
5428  inmate in a county correctional facility as a condition of probation.
5429  (b) "Condition of probation day" includes a day spent by a state probationary inmate in a
5430  county correctional facility:
5431  (i) after the date of sentencing;
5432  (ii) before the date of sentencing, if a court orders that the state probationary inmate
5433  shall receive credit for time served in a county correctional facility before the date
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5434  of sentencing;
5435  (iii) as a condition of an original order of probation; and
5436  (iv) as a condition of a new order of probation after a prior revocation of probation.
5437        (c) "Condition of probation day" does not include a day spent by a state probationary
5438  inmate in a county correctional facility:
5439  (i) as a probation sanction day;
5440  (ii) after the state probationary inmate has spent 365 consecutive days in a county
5441  correctional facility for a single order of probation;
5442  (iii) as a condition of a plea in abeyance agreement if a conviction has not been
5443  entered;
5444  (iv) on a hold instituted by the federal Immigration and Customs Enforcement
5445  Agency of the United States Department of Homeland Security; or
5446  (v) after the termination of probation if the state probationary inmate is:
5447  (A) sentenced to prison; or
5448  (B) eligible for release.
5449    [(6)] (5) "Department" means the Department of Corrections, created in Section 64-13-2.
5450    [(7)] (6) "Division" means the Division of Finance, created in Section 63A-3-101.
5451    [(8)] (7)(a) "Eligible bed day" means a day spent by a state probationary inmate or a state
5452        parole inmate in a county correctional facility that is eligible for reimbursement
5453        under Section 64-13e-104.
5454        (b) "Eligible bed day" includes:
5455  (i) a condition of probation day;
5456  (ii) a parole hold day;
5457  (iii) a parole sanction day; and
5458  (iv) a probation sanction day.
5459    [(9)] (8)(a) "Parole hold day" means a day spent in a county correctional facility by a
5460        state parole inmate under Subsection [64-13-29(3)] 64-14-205(3) based on a
5461        suspected violation of the state parole inmate's terms of parole.
5462        (b) "Parole hold day" does not include a day spent in a county correctional facility by a
5463  state parole inmate:
5464  (i) after the state parole inmate has spent 72 hours, excluding weekends and holidays,
5465  for a single suspected violation of the state parole inmate's terms of parole; or
5466  (ii) as a parole sanction day.
5467    [(10)] (9)(a) "Parole sanction day" means a day spent in a county correctional facility by
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5468  a state parole inmate as a sanction under Subsection [64-13-6(2)] 64-14-204(2)(b) for
5469  a violation of the state parole inmate's terms of parole.
5470  (b) "Parole sanction day" includes not more than three consecutive days and not more
5471  than a total of six days within a period of 30 days for each sanction.
5472  (c) "Parole sanction day" does not include a parole hold day.
5473     [(11)] (10)(a) "Probation sanction day" means a day spent in a county correctional
5474  facility by a state probationary inmate as a sanction under Subsection [64-13-6(2)]
5475  64-14-204(2)(b) based on a violation of the state probationary inmate's terms of
5476  probation.
5477  (b) "Probation sanction day" includes not more than three consecutive days and not more
5478  than a total of six days within a period of 30 days for each sanction.
5479  (c) "Probation sanction day" does not include:
5480  (i) a condition of probation day; or
5481  (ii) a day spent in a county correctional facility by a state probationary inmate under
5482  Subsection 64-14-205(3) based on a suspected violation of the state probationary
5483  inmate's terms of probation.
5484     [(12)] (11) "Rate surplus" means the dollar amount by which the average state daily
5485  incarceration cost for a given year exceeds 105% of the prior year's state daily
5486  incarceration rate.
5487     [(13)] (12) "State daily incarceration rate" means the daily per bed dollar basis upon which
5488  the department will calculate payments to other parties for housing state inmates and
5489  state probationary inmates.
5490     [(14)] (13) "State inmate" means an individual, other than a state probationary inmate or
5491  state parole inmate, who is committed to the custody of the department.
5492     [(15)] (14) "State parole inmate" means an individual who is:
5493  (a) on parole, as defined in Section 77-27-1; and
5494  (b) housed in a county correctional facility for a reason related to the individual's parole.
5495     [(16)] (15) "State probationary inmate" means a felony probationer sentenced to time in a
5496  county correctional facility under Subsection 77-18-105(6).
5497     [(17)] (16) "Treatment program" means:
5498  (a) an alcohol treatment program;
5499  (b) a substance abuse treatment program;
5500  (c) a sex offender treatment program; or
5501  (d) an alternative treatment program.
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5502  Section 69. Section 64-13e-103.1 is amended to read:
5503  64-13e-103.1 (Effective 07/01/26). Calculating the average state daily
5504    incarceration cost and the state incarceration rate.
5505    (1) Before September 15 of each year, the department shall:
5506        (a) calculate the average state daily incarceration cost;[ and:]
5507        [(i)] (b)(i) if the average state daily incarceration cost calculated in Subsection (1)(a)
5508  equals more than 105% of the previous year's state daily incarceration rate:
5509  (A) set the state daily incarceration rate at 105% of the prior year's state daily
5510  incarceration rate; and
5511  (B) record that year's rate surplus; or
5512  (ii) if the average state daily incarceration cost calculated in Subsection (1)(a) is less
5513  than 105% of the previous year's state daily incarceration rate:
5514  (A) set the state daily incarceration rate at the state daily incarceration cost; or
5515  (B) if in any one or more of the prior three years there existed a rate surplus, and
5516  that rate surplus has not been used to augment the state daily incarceration cost
5517  in another year, add the rate surplus or surpluses to the state daily incarceration
5518  cost and set the state daily incarceration rate to that combined amount, up to
5519  105% of the previous year's state daily incarceration rate; and
5520        [(b)] (c) inform each county and the [commission] Department of Criminal Justice of the
5521  state daily incarceration rate.
5522    (2) Except as provided in Subsections (3) and (4), the state daily incarceration rate may not
5523        be less that the rate presented to the Executive Appropriations Committee of the
5524        Legislature for purposes of setting the appropriation for the department's budget.
5525    (3) Notwithstanding any other provision in this section, in a fiscal year where General Fund
5526        revenue growth is not sufficient to fund the state daily incarceration rate presented to the
5527        Executive Appropriations Committee, the state daily incarceration rate shall be reset by
5528        the Executive Appropriations Committee in an appropriations act.
5529    (4) For the fiscal year beginning July 1, 2025, only, the state daily incarceration rate is
5530        $120.75.
5531  Section 70. Section 64-13e-104 is amended to read:
5532  64-13e-104 (Effective 07/01/26). County correctional facility reimbursement
5533    program for state probationary inmates and state parole inmates -- Payments.
5534    (1) A county may receive reimbursement from the state for the county's eligible bed days as
5535        described in this section.
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5536     (2) Within funds appropriated by the Legislature for the purpose described in Subsection (1),
5537  the division shall:
5538  (a) pay a county for the county's eligible bed days at a rate of 50% of the state daily
5539  incarceration rate; and
5540  (b) administer the payments under this section.
5541     (3) Funds appropriated by the Legislature under Subsection (2):
5542  (a) are nonlapsing;
5543  (b) may only be used for the purposes described in Subsection (2)[ ]; and
5544  (c) may not be used for:
5545  (i) the costs of administering the payment described in this section; or
5546  (ii) payment of county correctional facility contract costs for state inmates under
5547  Section 64-13e-103.
5548     (4) The costs described in Subsection (3)(c)(i) shall be funded by legislative appropriation.
5549     (5) The [commission] Department of Criminal Justice may [adopt] make, according to Title
5550  63G, Chapter 3, Utah Administrative Rulemaking Act, rules to administer this section,
5551  including establishing requirements and procedures for collecting data from counties for
5552  the purpose of completing the calculations described in this section.
5553     (6) Each county that receives the payment described in Subsection (2) shall submit a report
5554  to the [commission] Department of Criminal Justice in accordance with the requirements
5555  established by the [commission] Department of Criminal Justice.
5556     (7)(a) On or before September 30 of each year, the [commission] Department of
5557  Criminal Justice shall:
5558  (i) compile the information from the reports described in Subsection (6) that relate to
5559  the preceding state fiscal year and provide a copy of the compilation to each
5560  county that submitted a report; and
5561  (ii) calculate:
5562  (A) the eligible bed days for each county; and
5563  (B) the amount owed to each county based on the county's eligible bed days in
5564  accordance with Subsection (2).
5565  (b) On or before October 15 of each year, the [commission] Department of Criminal
5566  Justice shall inform the division and each county of the exact amount of the payment
5567  described in this section that shall be made to each county.
5568     (8)(a) On or before December 15 of each year, the division shall distribute the payment
5569  described in Subsection (7)(b) in a single payment to each county.
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5570        (b) Funds from the Jail Reimbursement Reserve Program may be used only once
5571  existing annual appropriated funds for the fiscal year have been exhausted.
5572  Section 71. Section 64-14-203 is amended to read:
5573  64-14-203 (Effective 07/01/26). Duties of division.
5574    (1) The division shall:
5575        (a) assist the department in fulfilling the department's duty to supervise, as described in
5576  Subsection 64-13-6(1)(i), probationers and parolees as directed by statute and
5577  implemented by the courts and the Board of Pardons and Parole;
5578        (b) comply with the requirements described in this part;
5579        (c) supply the information described in Section 53-10-209 that is required to be
5580  submitted to the Criminal Investigations and Technical Services Division created in
5581  Subsection [53-10-103(2)] 53-10-103(1);
5582        (d) comply with the use of funds requirement for outpatient treatment services for those
5583  convicted of an offense under Title 76, Chapter 5, Part 4, Sexual Offenses, as
5584  described in Subsection 59-27-105(4)(c);
5585        (e) monitor the status of an offender with a mental condition who has been placed on
5586  parole as described in Subsection 77-16a-205(4);
5587        (f) comply with the requirements described in Title 77, Chapter 18, The Judgment;
5588        (g) in accordance with the adult sentencing and supervision length guidelines described
5589  in Section [63M-7-404.3] 75E-4-203, notify the Board of Pardons and Parole of
5590  parole violations;
5591        (h) for an individual who is on probation for a domestic violence offense that the
5592  division is supervising, report to the court and notify the victim of the domestic
5593  violence offense if the individual fails to comply with any condition imposed by the
5594  court or commits a violation of a sentencing protective order as required by
5595  Subsection 77-36-5.1(4);
5596        (i) comply with the notice requirement to a prosecuting agency described in Subsection
5597  77-38-3(6) if the division is the moving party on a motion for modification of any
5598  determination made at any of the criminal justice hearings provided in Subsections
5599  77-38-2(5)(a) through (g);
5600        (j) collect restitution information in preparing a presentence investigation report as
5601  described in Section 77-38b-203;
5602        (k) for an individual under supervision by the division who violates a sentencing
5603  protective order issued under Title 78B, Chapter 7, Part 8, Criminal Protective
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5604  Orders, report the violation to the court and notify the victim protected by the order
5605  of the violation as required by Section 78B-7-807; and
5606  (l) comply with any other requirement established by applicable statute or regulation or
5607  a directive from the executive director.
5608     (2) The division may, in the course of supervising individuals on probation and parole:
5609  (a) respond to an individual's violation of one or more terms of the probation or parole in
5610  accordance with the graduated and evidence-based processes established by the adult
5611  sentencing and supervision length guidelines, as defined in Section [63M-7-401.1]
5612  75E-4-101; and
5613  (b) upon approval by the court or the Board of Pardons and Parole, impose as a sanction
5614  for an individual's violation of the terms of probation or parole a period of
5615  incarceration of not more than three consecutive days and not more than a total of six
5616  days within a period of 30 days.
5617  Section 72. Section 64-14-204 is amended to read:
5618  64-14-204 (Effective 07/01/26). Supervision of sentenced offenders placed in
5619     community -- Rulemaking -- POST certified parole or probation officers and peace
5620     officers -- Duties -- Supervision fee -- Coordination with local mental health authority.
5621     (1)(a) The division, except as otherwise provided by law, shall supervise a sentenced
5622  offender placed in the community if the offender:
5623  (i)(A) is placed on probation by a court;
5624  (B) is released on parole by the Board of Pardons and Parole; or
5625  (C) is accepted for supervision under the terms of the Interstate Compact for the
5626  Supervision of Parolees and Probationers; and
5627  (ii) has been convicted of:
5628  (A) a felony;
5629  (B) a class A misdemeanor when an element of the offense is the use or attempted
5630  use of physical force against an individual or property; or
5631  (C) notwithstanding Subsection (1)(a)(ii)(B), a class A misdemeanor if the
5632  division is ordered by a court to supervise the offender under Section 77-18-105.
5633  (b) If a sentenced offender participates in substance use treatment or a residential
5634  vocational or life skills program, as defined in Section 13-53-102, while under
5635  supervision on probation or parole, the division shall monitor the offender's
5636  compliance with and completion of the treatment or program.
5637  (c) The department shall establish standards for:
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5638  (i) the supervision of offenders in accordance with the adult sentencing and
5639  supervision length guidelines, as defined in Section [63M-7-401.1] 75E-4-101,
5640  giving priority, based on available resources, to felony offenders and offenders
5641  sentenced under Subsection 58-37-8 (2)(b)(ii); and
5642  (ii) the monitoring described in Subsection (1)(b).
5643    (2) The division shall apply the graduated and evidence-based responses established in the
5644        adult sentencing and supervision length guidelines, as defined in Section [63M-7-401.1]
5645        75E-4-101, to facilitate a prompt and appropriate response to an individual's violation of
5646        the terms of probation or parole, including:
5647        (a) sanctions to be used in response to a violation of the terms of probation or parole; and
5648        (b) requesting approval from the court or Board of Pardons and Parole to impose a
5649  sanction for an individual's violation of the terms of probation or parole, for a period
5650  of incarceration of not more than three consecutive days and not more than a total of
5651  six days within a period of 30 days.
5652    (3) The division shall implement a program of graduated incentives as established in the
5653        adult sentencing and supervision length guidelines, as defined in Section [63M-7-401.1]
5654        75E-4-101 to facilitate the department's prompt and appropriate response to an
5655        offender's:
5656        (a) compliance with the terms of probation or parole; or
5657        (b) positive conduct that exceeds those terms.
5658    (4)(a) The department shall, in collaboration with the [State Commission on Criminal
5659        and Juvenile Justice] Department of Criminal Justice and the Division of Substance
5660        Use and Mental Health, create standards and procedures for the collection of
5661        information, including cost savings related to recidivism reduction and the reduction
5662        in the number of inmates, related to the use of the graduated and evidence-based
5663        responses and graduated incentives, and offenders' outcomes.
5664        (b) The collected information shall be provided to the [State Commission on Criminal
5665  and Juvenile Justice] Department of Criminal Justice not less frequently than annually
5666  on or before August 31.
5667    (5) Employees of the division who are POST certified as law enforcement officers or
5668        correctional officers and who are designated as parole and probation officers by the
5669        executive director have the following duties:
5670        (a) monitoring, investigating, and supervising a parolee's or probationer's compliance
5671  with the conditions of the parole or probation agreement;
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5672  (b) investigating or apprehending any offender who has escaped from the custody of the
5673  department or absconded from supervision by the division;
5674  (c) supervising any offender during transportation; or
5675  (d) collecting DNA specimens when the specimens are required under Section 53-10-404.
5676     (6)(a)(i) A monthly supervision fee of $30 shall be collected from each offender on
5677  probation or parole.
5678  (ii) The fee described in Subsection (6)(a)(i) may be suspended or waived by the
5679  division upon a showing by the offender that imposition would create a substantial
5680  hardship or if the offender owes restitution to a victim.
5681  (b)(i) The department shall make rules in accordance with Title 63G, Chapter 3, Utah
5682  Administrative Rulemaking Act, specifying the criteria for suspension or waiver
5683  of the supervision fee and the circumstances under which an offender may request
5684  a hearing.
5685  (ii) In determining whether the imposition of the supervision fee would constitute a
5686  substantial hardship, the division shall consider the financial resources of the
5687  offender and the burden that the fee would impose, with regard to the offender's
5688  other obligations.
5689  (c) The division shall deposit money received from the monthly supervision fee
5690  established in this Subsection (6) into the General Fund as a parole and probation
5691  dedicated credit to be used to cover costs incurred in the collection of the fee and in
5692  the development of offender supervision programs.
5693     (7)(a) For offenders placed on probation under Section 77-18-105 or parole under
5694  Subsection 76-3-202(2)(a) on or after October 1, 2015, but before January 1, 2019,
5695  the division shall establish a program allowing an offender to earn a reduction credit
5696  of 30 days from the offender's period of probation or parole for each month the
5697  offender complies with the terms of the offender's probation or parole agreement,
5698  including the case action plan.
5699  (b)(i) For offenders placed on probation under Section 77-18-105 or parole under
5700  Section 76-3-202 on or after July 1, 2026, the division shall establish a program,
5701  consistent with the adult sentencing and supervision length guidelines, as defined
5702  in Section [63M-7-401.1] 75E-4-101, to provide incentives for an offender that
5703  maintains eligible employment, as defined in Section [64-13g-101] 64-14-301.
5704  (ii) The program under Subsection (7)(b)(i) may include a credit towards the
5705  reduction of the length of supervision for an offender at a rate of up to 30 days for
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5706  each month that the offender maintains eligible employment, as defined in Section [
5707  64-13g-101] 64-14-301.
5708  (iii) A court, or the Board of Pardons and Parole, is not required to grant a request for
5709  termination of supervision under the program described in this Subsection (7)(b) if
5710  the court, or the Board of Pardons and Parole, finds that:
5711  (A) the offender presents a substantial risk to public safety;
5712  (B) termination would prevent the offender from completing risk reduction
5713  programming or treatment; or
5714  (C) the eligibility criteria for termination of supervision, as established in the adult
5715  sentencing and supervision length guidelines, as defined in Section [
5716  63M-7-401.1] 75E-4-101, have not been met.
5717  (iv) This Subsection (7)(b) does not prohibit the division, or another supervision
5718  services provider, from requesting termination of supervision based on the
5719  eligibility criteria in the adult sentencing and supervision length guidelines, as
5720  defined in Section [63M-7-401.1] 75E-4-101.
5721        (c) The division shall:
5722  (i) maintain a record of credits earned by an offender under this Subsection (7); and
5723  (ii) request from the court or the Board of Pardons and Parole the termination of
5724  probation or parole not fewer than 30 days [prior to] before the termination date
5725  that reflects the credits earned under this Subsection (7).
5726        (d) This Subsection (7) does not prohibit the division from requesting a termination date
5727  earlier than the termination date established by earned credits under Subsection (7)(c).
5728        (e) The court or the Board of Pardons and Parole shall terminate an offender's probation
5729  or parole upon completion of the period of probation or parole accrued by time
5730  served and credits earned under this Subsection (7) unless the court or the Board of
5731  Pardons and Parole finds that termination would interrupt the completion of a
5732  necessary treatment program, in which case the termination of probation or parole
5733  shall occur when the treatment program is completed.
5734        (f) The department shall report annually to the [State Commission on Criminal and
5735  Juvenile Justice] Department of Criminal Justice on or before August 31:
5736  (i) the number of offenders who have earned probation or parole credits under this
5737  Subsection (7) in one or more months of the preceding fiscal year and the
5738  percentage of the offenders on probation or parole during that time that this
5739  number represents;
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5740  (ii) the average number of credits earned by those offenders who earned credits;
5741  (iii) the number of offenders who earned credits by county of residence while on
5742  probation or parole;
5743  (iv) the cost savings associated with sentencing reform programs and practices; and
5744  (v) a description of how the savings will be invested in treatment and
5745  early-intervention programs and practices at the county and state levels.
5746     (8)(a) The department shall coordinate with a local mental health authority to complete
5747  the requirements of this Subsection (8) for an offender who:
5748  (i) is a habitual offender as that term is defined in Section 77-18-102;
5749  (ii) has a mental illness as that term is defined in Section 26B-5-301; and
5750  (iii) based on a risk and needs assessment:
5751  (A) is at a high risk of reoffending; and
5752  (B) has risk factors that may be addressed by available community-based services.
5753  (b) For an offender described in Subsection (8)(a), at any time clinically appropriate or
5754  at least three months before termination of an offender's parole or expiration of an
5755  offender's sentence, the department shall coordinate with the Department of Health
5756  and Human Services and the relevant local mental health authority to provide
5757  applicable clinical assessments and transitional treatment planning and services for
5758  the offender so that the offender may receive appropriate treatment and support
5759  services after the termination of parole or expiration of sentence.
5760  (c) The local mental health authority may determine whether the offender:
5761  (i) meets the criteria for civil commitment;
5762  (ii) meets the criteria for assisted outpatient treatment; or
5763  (iii) would benefit from assignment to an assertive community treatment team or
5764  available community-based services.
5765  (d) Based on the local mental health authority's determination under Subsection (8)(c),
5766  the local mental health authority shall, as appropriate:
5767  (i) initiate an involuntary commitment court proceeding;
5768  (ii) file a written application for assisted outpatient treatment; or
5769  (iii) seek to have the offender assigned to an assertive community treatment team or
5770  available community-based services.
5771  (e) On or before November 1, 2025, the department shall provide a report to the Law
5772  Enforcement and Criminal Justice Interim Committee regarding any proposed
5773  changes to the requirements in this Subsection (8), including whether the
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5774  requirements of this Subsection (8) should also apply to any other category of
5775  offenders.
5776  Section 73. Section 64-14-302 is amended to read:
5777  64-14-302 (Effective 07/01/26). Adult Probation and Parole Employment
5778    Incentive Program.
5779    (1) There is created the Adult Probation and Parole Employment Incentive Program.
5780    (2) The department and the office shall implement the program in accordance with the
5781        requirements of this chapter.
5782    (3) Beginning July 2026, and each July after 2026, the department shall calculate and report
5783        to the office, for the preceding fiscal year, for each region and statewide:
5784        (a) the parole employment rate and the average length of employment of individuals on
5785  parole;
5786        (b) the probation employment rate and average length of employment of individuals on
5787  felony probation;
5788        (c) the recidivism percentage, using applicable recidivism metrics described in
5789  Subsections [63M-7-102(1) and (3)] 75E-2-203(1) and (3);
5790        (d) the number and percentage of individuals who successfully complete parole or
5791  felony probation;
5792        (e) if the recidivism percentage described in Subsection (3)(c) represents a decrease in
5793  the recidivism percentage when compared to the fiscal year immediately preceding
5794  the fiscal year to which the recidivism percentage described in Subsection (3)(c)
5795  relates, the estimated costs of incarceration savings to the state, based on the marginal
5796  cost of incarceration;
5797        (f) the number of individuals who successfully complete parole and, during the entire six
5798  months before the day on which the individuals' parole ends, held eligible
5799  employment; and
5800        (g) the number of individuals who successfully complete felony probation and, during
5801  the entire six months before the day on which the individuals' parole ended, held
5802  eligible employment.
5803    (4) In addition to the information described in Subsection (3), the department shall report,
5804        for each region, the number and types of parole or probation programs that were created,
5805        replaced, or discontinued during the preceding fiscal year.
5806    (5) After receiving the information described in Subsections (3) and (4), the office, in
5807        consultation with the department, shall, for each region:
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5808  (a) add the region's baseline parole employment rate and the region's baseline probation
5809  employment rate;
5810  (b) add the region's parole employment rate and the region's probation employment rate;
5811  (c) subtract the sum described in Subsection (5)(a) from the sum described in Subsection
5812  (5)(b); and
5813  (d)(i) if the rate difference described in Subsection (5)(c) is zero or less than zero,
5814  assign an employment incentive payment of zero to the region; or
5815  (ii) except as provided in Subsection (7), if the rate difference described in
5816  Subsection (5)(c) is greater than zero, assign an employment incentive payment to
5817  the region by:
5818  (A) multiplying the rate difference by the average daily population for that region;
5819  and
5820  (B) multiplying the product of the calculation described in Subsection (5)(d)(ii)(A)
5821  by $2,500.
5822     (6) In addition to the employment incentive payment described in Subsection (5), after
5823  receiving the information described in Subsections (3) and (4), the office, in consultation
5824  with the department, shall, for each region, multiply the sum of the numbers described in
5825  Subsections (3)(f) and (g) for the region by $2,500 to determine the end-of-supervision
5826  employment incentive payment for the region.
5827     (7) The employment incentive payment, or end-of-supervision employment supervision
5828  payment, for a region is zero if the recidivism percentage for the region, described in
5829  Subsection (3)(c), represents an increase in the recidivism percentage when compared to
5830  the fiscal year immediately preceding the fiscal year to which the recidivism percentage
5831  for the region, described in Subsection (3)(c), relates.
5832     (8) Upon determining an employment incentive payment for a region in accordance with
5833  Subsections (5)(d)(ii), (6), and (7), the office shall authorize distribution, from the
5834  restricted account, of the incentive payment as follows:
5835  (a) 15% of the payment may be used by the department for expenses related to
5836  administering the program; and
5837  (b) 85% of the payment shall be used by the region to improve and expand supervision
5838  and rehabilitative services to individuals on parole or adult probation, including by:
5839  (i) implementing and expanding evidence-based practices for risk and needs
5840  assessments for individuals;
5841  (ii) implementing and expanding intermediate sanctions, including mandatory
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5842  community service, home detention, day reporting, restorative justice programs,
5843  and furlough programs;
5844  (iii) expanding the availability of evidence-based practices for rehabilitation
5845  programs, including drug and alcohol treatment, mental health treatment, anger
5846  management, cognitive behavior programs, and job training and other
5847  employment services;
5848  (iv) hiring additional officers, contractors, or other personnel to implement
5849  evidence-based practices for rehabilitative and vocational programing;
5850  (v) purchasing and adopting new technologies or equipment that are relevant to, and
5851  enhance, supervision, rehabilitation, or vocational training; or
5852  (vi) evaluating the effectiveness of rehabilitation and supervision programs and
5853  ensuring program fidelity.
5854    (9)(a) The report described in Subsections (3) and (4) is a public record.
5855        (b) The department shall maintain a complete and accurate accounting of the payment
5856  and use of funds under this section.
5857        (c) If the money in the restricted account is insufficient to make the full employment
5858  incentive payments or the full end-of-supervision employment incentive payments,
5859  the office shall authorize the payments on a prorated basis.
5860  Section 74. Section 67-4a-801 is amended to read:
5861  67-4a-801 (Effective 07/01/26). Unclaimed Property Fund -- Deposit of funds by
5862    administrator.
5863    (1)(a) There is created a custodial fund entitled the "Unclaimed Property Fund."
5864        (b) Except as otherwise provided in this section, the administrator shall deposit all funds
5865  received under this chapter, including proceeds from the sale of property under Part
5866  7, Sale of Property by Administrator, in the fund.
5867        (c) The fund shall earn interest.
5868    (2) The administrator shall:
5869        (a) pay any legitimate claims or deductions authorized by this chapter from the fund;
5870        (b) before the end of the fiscal year, estimate the amount of money from the fund that
5871  will ultimately be needed to be paid to claimants; and
5872        (c) at the end of the fiscal year, transfer any amount in excess of that amount to the
5873  Uniform School Fund, except that unclaimed restitution for crime victims shall be
5874  transferred to the Crime Victim [Reparations] Compensation Fund.
5875    (3) Before making any transfer to the Uniform School Fund, the administrator may deduct
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5876  from the fund:
5877  (a) amounts appropriated by the Legislature for administration of this chapter;
5878  (b) any costs incurred in connection with the sale of abandoned property;
5879  (c) costs of mailing and publication in connection with any abandoned property;
5880  (d) reasonable service charges; and
5881  (e) costs incurred in examining records of holders of property and in collecting the
5882  property from those holders.
5883  Section 75. Section 67-4a-803 is amended to read:
5884  67-4a-803 (Effective 07/01/26). Expenses and service charges of administrator.
5885        Before making a deposit of funds received under this chapter to the Uniform School
5886     Fund or the Crime Victim [Reparations] Compensation Fund, the administrator may deduct:
5887     (1) expenses of disposition of property delivered to the administrator under this chapter;
5888     (2) costs of mailing and publication in connection with property delivered to the
5889  administrator under this chapter;
5890     (3) reasonable service charges; and
5891     (4) expenses incurred in examining records of or collecting property from a putative holder
5892  or holder.
5893  Section 76. Section 67-22-2 is amended to read:
5894  67-22-2 (Effective 07/01/26). Compensation -- Other state officers.
5895     (1) As used in this section:
5896  (a) "Appointed executive" means the:
5897  (i) commissioner of the Department of Agriculture and Food;
5898  (ii) commissioner of the Insurance Department;
5899  (iii) commissioner of the Labor Commission;
5900  (iv) director, Department of Alcoholic Beverage Services;
5901  (v) commissioner of the Department of Financial Institutions;
5902  (vi) executive director, Department of Commerce;
5903  (vii) executive director, Commission on Criminal and Juvenile Justice;
5904  (viii) adjutant general;
5905  (ix) executive director, Department of Cultural and Community Engagement;
5906  (x) executive director, Department of Corrections;
5907  (xi) commissioner, Department of Public Safety;
5908  (xii) executive director, Department of Natural Resources;
5909  (xiii) executive director, Governor's Office of Planning and Budget;
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5910  (xiv) executive director, Department of Government Operations;
5911  (xv) executive director, Department of Environmental Quality;
5912  (xvi) executive director, Governor's Office of Economic Opportunity;
5913  (xvii) executive director, Department of Workforce Services;
5914  (xviii) executive director, Department of Health and Human Services, Nonphysician;
5915  (xix) executive director, Department of Transportation;
5916  (xx) executive director, Department of Veterans and Military Affairs;
5917  (xxi) advisor, Public Lands Policy Coordinating Office, created in Section
5918  63L-11-201;
5919  (xxii) Great Salt Lake commissioner, appointed under Section 73-32-201; and
5920  (xxiii) Utah water agent, appointed under Section 73-10g-702.
5921        (b) "Board or commission executive" means:
5922  (i) members, Board of Pardons and Parole;
5923  (ii) chair, State Tax Commission;
5924  (iii) commissioners, State Tax Commission;
5925  (iv) executive director, State Tax Commission;
5926  (v) chair, Public Service Commission; and
5927  (vi) commissioners, Public Service Commission.
5928        (c) "Deputy" means the person who acts as the appointed executive's second in
5929  command as determined by the Division of Human Resource Management.
5930    (2)(a) The director of the Division of Human Resource Management shall:
5931  (i) before October 31 of each year, recommend to the governor a compensation plan
5932  for the appointed executives and the board or commission executives; and
5933  (ii) base those recommendations on market salary studies conducted by the Division
5934  of Human Resource Management.
5935        (b)(i) The Division of Human Resource Management shall determine the salary range
5936  for the appointed executives by:
5937  (A) identifying the salary range assigned to the appointed executive's deputy;
5938  (B) designating the lowest minimum salary from those deputies' salary ranges as
5939  the minimum salary for the appointed executives' salary range; and
5940  (C) designating 105% of the highest maximum salary range from those deputies'
5941  salary ranges as the maximum salary for the appointed executives' salary range.
5942  (ii) If the deputy is a medical doctor, the Division of Human Resource Management
5943  may not consider that deputy's salary range in designating the salary range for
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5944  appointed executives.
5945  (c)(i) Except as provided in Subsection (2)(c)(ii), in establishing the salary ranges for
5946  board or commission executives, the Division of Human Resource Management
5947  shall set the maximum salary in the salary range for each of those positions at
5948  90% of the salary for district judges as established in the annual appropriation act
5949  under Section 67-8-2.
5950  (ii) In establishing the salary ranges for an individual described in Subsection
5951  (1)(b)(ii), (1)(b)(iii), or (1)(b)(iv), the Division of Human Resource Management
5952  shall set the maximum salary in the salary range for each of those positions at
5953  100% of the salary for district judges as established in the annual appropriation act
5954  under Section 67-8-2.
5955     (3)(a)(i) Except as provided in Subsection (3)(a)(ii) or Subsection (3)(d), the
5956  governor shall establish a specific salary for each appointed executive within the
5957  range established under Subsection (2)(b).
5958  (ii) If the executive director of the Department of Health and Human Services is a
5959  physician, the governor shall establish a salary within the highest physician salary
5960  range established by the Division of Human Resource Management.
5961  (iii) The governor may provide salary increases for appointed executives within the
5962  range established by Subsection (2)(b) and identified in Subsection (3)(a)(ii).
5963  (b) The governor shall apply the same overtime regulations applicable to other FLSA
5964  exempt positions.
5965  (c) The governor may develop standards and criteria for reviewing the appointed
5966  executives.
5967  (d) If under Section 73-10g-702 the governor appoints an individual who is serving in an
5968  appointed executive branch position to be the Utah water agent, the governor shall
5969  adjust the salary of the Utah water agent to account for salary received for the
5970  appointed executive branch position.
5971     (4) Salaries for other Schedule A employees, as defined in Section 63A-17-301, that are not
5972  provided for in this chapter, or in Title 67, Chapter 8, Utah Elected Official and Judicial
5973  Salary Act, shall be established [as provided in] in accordance with Section 63A-17-301.
5974     (5)(a) The Legislature fixes benefits for the appointed executives and the board or
5975  commission executives as follows:
5976  (i) the option of participating in a state retirement system established by Title 49,
5977  Utah State Retirement and Insurance Benefit Act, or in a deferred compensation
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5978  plan administered by the State Retirement Office in accordance with the Internal
5979  Revenue Code and [its] the Internal Revenue Code's accompanying rules and
5980  regulations;
5981  (ii) health insurance;
5982  (iii) dental insurance;
5983  (iv) basic life insurance;
5984  (v) unemployment compensation;
5985  (vi) workers' compensation;
5986  (vii) required employer contribution to Social Security;
5987  (viii) long-term disability income insurance;
5988  (ix) the same additional state-paid life insurance available to other noncareer service
5989  employees;
5990  (x) the same severance pay available to other noncareer service employees;
5991  (xi) the same leave, holidays, and allowances granted to Schedule B state employees
5992  as follows:
5993  (A) sick leave;
5994  (B) converted sick leave if accrued [prior to] before January 1, 2014;
5995  (C) educational allowances;
5996  (D) holidays; and
5997  (E) annual leave except that annual leave shall be accrued at the maximum rate
5998  provided to Schedule B state employees;
5999  (xii) the option to convert accumulated sick leave to cash or insurance benefits as
6000  provided by law or rule upon resignation or retirement according to the same
6001  criteria and procedures applied to Schedule B state employees;
6002  (xiii) the option to purchase additional life insurance at group insurance rates
6003  according to the same criteria and procedures applied to Schedule B state
6004  employees; and
6005  (xiv) professional memberships if being a member of the professional organization is
6006  a requirement of the position.
6007        (b) Each department shall pay the cost of additional state-paid life insurance for [its] the
6008  department's executive director from [its] the department's existing budget.
6009    (6) The Legislature fixes the following additional benefits:
6010        (a) for the executive director of the Department of Transportation a vehicle for official
6011  and personal use;
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6012  (b) for the executive director of the Department of Natural Resources a vehicle for
6013  commute and official use;
6014  (c) for the commissioner of Public Safety:
6015  (i) an accidental death insurance policy if POST certified; and
6016  (ii) a public safety vehicle for official and personal use;
6017  (d) for the executive director of the Department of Corrections:
6018  (i) an accidental death insurance policy if POST certified; and
6019  (ii) a public safety vehicle for official and personal use;
6020  (e) for the adjutant general a vehicle for official and personal use;
6021  (f) for each member of the Board of Pardons and Parole a vehicle for commute and
6022  official use; and
6023  (g) for the executive director of the Department of Veterans and Military Affairs a
6024  vehicle for commute and official use.
6025  Section 77. Section 67-28-101 is amended to read:
6026  67-28-101 (Effective 07/01/26). Definitions.
6027        As used in this chapter:
6028     [(1) "Commission" means the State Commission on Criminal and Juvenile Justice created
6029  in Section 63M-7-201.]
6030     [(2)] (1) "Criminal offense" means an act or omission that may result in a felony,
6031  misdemeanor, or infraction.
6032     (2) "Department" means the Department of Criminal Justice created in Section 75E-2-102.
6033     (3)(a) "State agency" means a department, division, board, council, committee,
6034  institution, office, bureau, or other similar administrative unit of the executive branch
6035  of state government.
6036  (b) "State agency" does not include the attorney general.
6037  Section 78. Section 67-28-102 is amended to read:
6038  67-28-102 (Effective 07/01/26). State agency review and recommendation
6039     regarding criminal offenses.
6040     (1) Except as provided in Subsection (4), on or before July 1, 2026, and on or before July 1
6041  every three years after 2026, every state agency shall complete a review of the criminal
6042  offenses contained in the statutes:
6043  (a) for which the state agency is responsible to prosecute or refer for prosecution; or
6044  (b) contained in the state agency's designated area of code.
6045     (2)(a) A state agency review required under this section shall require the state agency to
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6046        evaluate each criminal offense described in Subsection (1) and recommend whether
6047        the criminal offense:
6048  (i) would benefit from legislative amendment, clarification, or repeal; and
6049  (ii) should have the penalty level increased, reduced, or remain the same.
6050        (b) The review under Subsection (2)(a) shall include the state agency's specific
6051  recommendations and reasoning for any recommended statutory changes.
6052        (c) Each state agency shall submit the results of the review required under this section to
6053  the [commission] department:
6054  (i) within 30 days after the day on which the review is completed; and
6055  (ii) in the standardized format developed by the [commission] department under
6056  Subsection (3).
6057    (3) The [commission] department shall:
6058        (a) develop a standardized format for reporting the information described in Subsection
6059  (2);
6060        (b) compile the information that was submitted under Subsection (2); and
6061        (c) annually, on or before October 1, submit a report to the Law Enforcement and
6062  Criminal Justice Interim Committee that contains:
6063  (i) the compiled information received for the current year, if any; and
6064  (ii) the names of any agencies that failed to submit a review that was required under
6065  this section.
6066    (4) This section does not apply to the Division of Professional Licensing with regard to
6067        offenses in Title 58, Chapters 37 through 37e.
6068  Section 79. Section 75-2-803 is amended to read:
6069  75-2-803 (Effective 07/01/26). Definitions -- Effect of homicide on intestate
6070    succession, wills, trusts, joint assets, life insurance, and beneficiary designations --
6071    Petition -- Forfeiture -- Revocation.
6072    (1) As used in this section:
6073        (a) "Conviction" means the same as that term is defined in Section 77-38b-102.
6074        (b) "Decedent" means a deceased individual.
6075        (c) "Disposition or appointment of property" includes a transfer of an item of property or
6076  any other benefit to a beneficiary designated in a governing instrument.
6077        (d)(i) Except as provided in Subsection (1)(d)(ii), "disqualifying homicide" means
6078  any felony homicide offense described in Title 76, Chapter 5, Offenses Against
6079  the Individual, for which the elements are established by a preponderance of the
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6080  evidence and by applying the same principles of culpability and defenses
6081  described in [Title 76, Utah Criminal Code] Title 76, Criminal Offenses.
6082  (ii) "Disqualifying homicide" does not include an offense for:
6083  (A) automobile homicide, as described in Section 76-5-207; and
6084  (B) automobile homicide involving using a handheld wireless communication
6085  device while driving, as described in Section 76-5-207.5.
6086  (e) "Governing instrument" means a governing instrument executed by the decedent.
6087  (f) "Killer" means an individual who commits a disqualifying homicide.
6088  (g) "Revocable" means a disposition, appointment, provision, or nomination under
6089  which the decedent, at the time of or immediately before death, was alone
6090  empowered, by law or under the governing instrument, to cancel the designation in
6091  favor of the killer regardless of whether at the time or immediately before death:
6092  (i) the decedent was empowered to designate the decedent in place of the decedent's
6093  killer; or
6094  (ii) the decedent had the capacity to exercise the power.
6095     (2)(a) An individual who commits a disqualifying homicide of the decedent forfeits all
6096  benefits under this chapter with respect to the decedent's estate, including an intestate
6097  share, an elective share, an omitted spouse's or child's share, a homestead allowance,
6098  exempt property, and a family allowance.
6099  (b) If the decedent died intestate, the decedent's intestate estate passes as if the killer
6100  disclaimed the killer's intestate share.
6101     (3) The killing of the decedent by means of a disqualifying homicide:
6102  (a) revokes any revocable:
6103  (i) disposition or appointment of property made by the decedent to the killer in a
6104  governing instrument;
6105  (ii) provision in a governing instrument conferring a general or nongeneral power of
6106  appointment on the killer; and
6107  (iii) nomination of the killer in a governing instrument, nominating or appointing the
6108  killer to serve in any fiduciary or representative capacity, including a personal
6109  representative, executor, trustee, or agent; and
6110  (b) severs the interests of the decedent and killer in property held by them at the time of
6111  the killing as joint tenants with the right of survivorship, transforming the interests of
6112  the decedent and killer into tenancies in common.
6113     (4) A severance under Subsection (3)(b) does not affect any third-party interest in property
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6114        acquired for value and in good faith reliance on an apparent title by survivorship in the
6115        killer unless a writing declaring the severance has been noted, registered, filed, or
6116        recorded in records appropriate to the kind and location of the property which are relied
6117        upon, in the ordinary course of transactions involving such property, as evidence of
6118        ownership.
6119    (5) Provisions of a governing instrument are given effect as if the killer disclaimed all
6120        provisions revoked by this section or, in the case of a revoked nomination in a fiduciary
6121        or representative capacity, as if the killer predeceased the decedent.
6122    (6) A wrongful acquisition of property or interest by one who kills another under
6123        circumstances not covered by this section shall be treated in accordance with the
6124        principle that a killer cannot profit from the killer's wrong.
6125    (7)(a) An interested person may petition the court to determine whether an individual
6126        has committed a disqualifying homicide of the decedent.
6127        (b) An individual has committed a disqualifying homicide of the decedent for purposes
6128  of this section if:
6129  (i) unless the court finds that disinheritance would create a manifest injustice, the
6130  court finds that, by a preponderance of the evidence, the individual has committed
6131  a disqualifying homicide of the decedent; or
6132  (ii) the court finds that a judgment of conviction has been entered against the
6133  individual for a disqualifying homicide of the decedent and all direct appeals for
6134  the judgment have been exhausted.
6135    (8)(a) Before a court determines whether an individual committed a disqualifying
6136        homicide of the decedent under Subsection (7), the decedent's estate may petition the
6137        court to:
6138  (i) enter a temporary restraining order, an injunction, or a temporary restraining order
6139  and an injunction, to preserve the property or assets of the killer or the killer's
6140  estate;
6141  (ii) require the execution of a trustee's bond under Section 75B-2-702 for the killer's
6142  estate;
6143  (iii) establish a constructive trust on any property or assets of the killer or the killer's
6144  estate that is effective from the time the killer's act caused the death of the
6145  decedent; or
6146  (iv) take any other action necessary to preserve the property or assets of the killer or
6147  the killer's estate:
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6148  (A) until a court makes a determination under Subsection (7); or
6149  (B) for the payment of all damages and judgments for conduct resulting in the
6150  disqualifying homicide of the decedent.
6151  (b) Upon a petition for a temporary restraining order or an injunction under Subsection
6152  (8)(a)(i), a court may enter a temporary restraining order against an owner's property
6153  in accordance with Rule 65A of the Utah Rules of Civil Procedure, without notice or
6154  opportunity of a hearing, if the court determines that:
6155  (i) there is a substantial likelihood that the property is, or will be, necessary to satisfy
6156  a judgment or damages owed by the killer for conduct resulting in the
6157  disqualifying homicide of the decedent; and
6158  (ii) notice of the hearing would likely result in the property being:
6159  (A) sold, distributed, destroyed, or removed; and
6160  (B) unavailable to satisfy a judgment or damages owed by the killer for conduct
6161  resulting in the disqualifying homicide of the decedent.
6162     (9)(a)(i) A payor or other third party is not liable for having made a payment or
6163  transferred an item of property or any other benefit to a beneficiary designated in a
6164  governing instrument affected by a disqualifying homicide, or for having taken
6165  any other action in good faith reliance on the validity of the governing instrument,
6166  upon request and satisfactory proof of the decedent's death, before the payor or
6167  other third party received written notice of a claimed forfeiture or revocation
6168  under this section.
6169  (ii) A payor or other third party is liable for a payment made or other action taken
6170  after the payor or other third party received written notice of a claimed forfeiture
6171  or revocation under this section.
6172  (b)(i) Written notice of a claimed forfeiture or revocation under Subsection (9)(a)
6173  shall be mailed to the payor's or other third party's main office or home by
6174  registered or certified mail, return receipt requested, or served upon the payor or
6175  other third party in the same manner as a summons in a civil action.
6176  (ii) Upon receipt of written notice of a claimed forfeiture or revocation under this
6177  section, a payor or other third party may pay any amount owed or transfer or
6178  deposit any item of property held by the payor or third party to or with:
6179  (A) the court having jurisdiction of the probate proceedings relating to the
6180  decedent's estate; or
6181  (B) if no proceedings have been commenced, the court having jurisdiction of
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6182  probate proceedings relating to the decedent's estates located in the county of
6183  the decedent's residence.
6184  (iii) The court shall hold the funds or item of property and, upon the court's
6185  determination under this section, shall order disbursement in accordance with the
6186  determination.
6187  (iv) Payments, transfers, or deposits made to or with the court discharge the payor or
6188  other third party from all claims for the value of amounts paid to or items of
6189  property transferred to or deposited with the court.
6190    (10)(a) A person who purchases property for value and without notice, or who receives a
6191        payment or other item of property in partial or full satisfaction of a legally
6192        enforceable obligation, is:
6193  (i) not obligated under this section to return the payment, item of property, or benefit;
6194  and
6195  (ii) not liable under this section for the amount of the payment or the value of the
6196  item of property or benefit.
6197        (b) Notwithstanding Subsection (10)(a), a person who, not for value, receives a payment,
6198  item of property, or any other benefit to which the person is not entitled under this
6199  section is:
6200  (i) obligated to return the payment, item of property, or benefit to the person who is
6201  entitled to the payment, property, or benefit under this section; and
6202  (ii) personally liable for the amount of the payment or the value of the item of
6203  property or benefit to the person who is entitled to the payment, property, or
6204  benefit under this section.
6205        (c) If this section or any part of this section is preempted by federal law with respect to a
6206  payment, an item of property, or any other benefit covered by this section, a person
6207  who, not for value, receives the payment, item of property, or any other benefit to
6208  which the person is not entitled under this section is:
6209  (i) obligated to return the payment, item of property, or benefit to the person who
6210  would have been entitled to the payment, property, or benefit if this section or part
6211  were not preempted; and
6212  (ii) personally liable for the amount of the payment or the value of the item of
6213  property or benefit, to the person who would have been entitled to the payment,
6214  property, or benefit if this section or part were not preempted.
6215  Section 80. Section 75E-1-101 is enacted to read:
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6216  TITLE 75E. CRIMINAL AND JUVENILE JUSTICE ADMINISTRATION
6217  CHAPTER 1. General Provisions
6218  Part 1. General Provisions
6219  75E-1-101 (Effective 07/01/26). Definitions for title.
6220        As used in this title:
6221     (1) "Commissioner" means the commissioner of criminal justice appointed under Section
6222  75E-2-103.
6223     (2) "Department" means the Department of Criminal Justice created in Section 75E-2-102.
6224  Section 81. Section 75E-2-101 is enacted to read:
6225  CHAPTER 2. Department of Criminal Justice
6226  Part 1. General Provisions
6227  75E-2-101 (Effective 07/01/26). Definitions for chapter.
6228        As used in this chapter:
6229     (1) "Criminal justice agency" means an agency or institution directly involved in the
6230  apprehension, prosecution, and incarceration of an individual involved in criminal
6231  activity, including law enforcement, a correctional facility, a jail, a court, probation, or
6232  parole.
6233     (2) "Public safety portal" means the data portal created in Section 75E-2-210.
6234  Section 82. Section 75E-2-102 is enacted to read:
6235  75E-2-102 (Effective 07/01/26). Creation of department.
6236     (1) There is created within state government the Department of Criminal Justice.
6237     (2) The department has all of the policymaking functions, regulatory and enforcement
6238  powers, rights, duties, and responsibilities described in this title.
6239  Section 83. Section 75E-2-103 is enacted to read:
6240  75E-2-103 (Effective 07/01/26). Commissioner of Criminal Justice --
6241     Appointment -- Qualifications -- Salary -- Responsibility -- Powers and duties.
6242     (1) The chief executive officer of the department is the commissioner of criminal justice.
6243     (2)(a) The commissioner is appointed by the governor with the advice and consent of the
6244  Senate.
6245  (b) The commissioner serves at the pleasure of the governor.
6246     (3) The commissioner shall:
6247  (a) be an individual of recognized executive and administrative capacity;
6248  (b) be selected solely with regard to qualifications and fitness to discharge the duties of
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6249  the commissioner's office; and
6250        (c) maintain the highest standards of integrity and character.
6251    (4) The commissioner shall devote full time to the duties of the office.
6252    (5) The governor shall establish the commissioner's salary within the salary range fixed by
6253        the Legislature in Title 67, Chapter 22, State Officer Compensation.
6254    (6) In addition to the responsibilities described in this title, the commissioner shall:
6255        (a) administer and enforce this title;
6256        (b) appoint deputies, clerical workers, and other employees as required to properly
6257  discharge the duties of the department;
6258        (c) act as the governor's advisor on national, state, regional, metropolitan, and local
6259  government planning as it relates to criminal justice; and
6260        (d) make rules to carry out the department's duties and functions.
6261  Section 84. Section 75E-2-201 is enacted to read:
6262  Part 2. Department Responsibilities
6263  75E-2-201 (Effective 07/01/26). Definitions for part.
6264       As used in this part:
6265    (1) "Commission" means the Commission on Criminal and Juvenile Justice created in
6266        Section 75E-3-102.
6267    (2) "Desistance" means an individual's abstinence from further criminal activity after a
6268        previous criminal conviction.
6269    (3) "Intervention" means a program, sanction, supervision, or event that may impact
6270        recidivism.
6271    (4) "Recidivism" means a return to criminal activity after a previous criminal conviction.
6272    (5) "Recidivism standard metric" means the number of individuals who are returned to
6273        prison for a new conviction within three years after the day on which the individuals
6274        were released from prison.
6275  Section 85. Section 75E-2-202 is enacted to read:
6276  75E-2-202 (Effective 07/01/26). Department responsibilities.
6277       The department shall:
6278    (1) promote the communication and coordination of all criminal and juvenile justice
6279        agencies;
6280    (2) study, evaluate, and report on:
6281        (a) the status of crime in the state;
6282        (b) the effectiveness of criminal justice policies, procedures, and programs that are
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6283  directed toward the reduction of crime in the state;
6284  (c) programs initiated by state and local agencies to address reducing recidivism,
6285  including:
6286  (i) changes in penalties and sentencing guidelines intended to reduce recidivism;
6287  (ii) cost savings associated with the reduction in the number of inmates; and
6288  (iii) evaluation of expenses and resources needed to meet goals regarding the use of
6289  treatment as an alternative to incarceration, as resources allow; and
6290  (d) policies, procedures, and programs of other jurisdictions that have effectively
6291  reduced crime;
6292     (3) identify and promote the implementation of specific policies and programs the
6293  department determines will significantly reduce crime in the state;
6294     (4) provide analysis, accountability, and supervision for state and federal criminal justice
6295  grant money;
6296     (5) make recommendations to the commission regarding state and federal criminal justice
6297  grant money;
6298     (6) provide public information on the criminal and juvenile justice system and give
6299  technical assistance to agencies or local units of government on methods to promote
6300  public awareness;
6301     (7) promote research and program evaluation as an integral part of the criminal and juvenile
6302  justice system;
6303     (8) annually provide the commission with a comprehensive criminal justice plan for review;
6304     (9) review and make recommendations to the commission on agency forecasts regarding
6305  future demands on the criminal and juvenile justice system, including specific
6306  projections for secure bed space;
6307     (10) promote the development of criminal and juvenile justice information systems that are
6308  consistent with common standards for data storage and are capable of appropriately
6309  sharing information with other criminal justice information systems by:
6310  (a) developing and maintaining common data standards for use by all state criminal
6311  justice agencies;
6312  (b) annually performing audits of criminal history record information maintained by
6313  state criminal justice agencies to assess accuracy, completeness, and adherence to
6314  standards;
6315  (c) defining and developing state and local programs and projects associated with the
6316  improvement of information management for law enforcement and the administration
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6317  of justice; and
6318        (d) establishing general policies concerning criminal and juvenile justice information
6319  systems and making rules as necessary to carry out the duties under Subsection (8)
6320  and this Subsection (10);
6321    (11) allocate and administer grants:
6322        (a) for approved education programs to help prevent the sexual exploitation of children;
6323        (b) for law enforcement operations and programs related to reducing illegal drug activity
6324  and related criminal activity; and
6325        (c) for pilot qualifying education programs;
6326    (12) request, receive, and evaluate:
6327        (a) data and recommendations collected and reported by:
6328  (i) agencies and contractors related to policies recommended by the commission
6329  regarding recidivism reduction, including the data described in Section 13-53-111
6330  and Subsection 26B-5-102(2)(jj); and
6331  (ii) state agencies under Section 67-28-102; and
6332        (b) the aggregate data collected from prosecutorial agencies and the Administrative
6333  Office of the Courts, in accordance with Sections 75E-2-205, 75E-2-206, and
6334  78A-2-109.5;
6335    (13) establish and administer a performance incentive grant program that allocates funds
6336        appropriated by the Legislature to programs and practices implemented by counties that
6337        reduce recidivism and reduce the number of offenders per capita who are incarcerated;
6338    (14) oversee or designate an entity to oversee the implementation of juvenile justice
6339        reforms;
6340    (15) make rules and administer the juvenile holding room standards and juvenile jail
6341        standards to align with the Juvenile Justice and Delinquency Prevention Act
6342        requirements in accordance with 42 U.S.C. Sec. 5633;
6343    (16) provide staff to the Victim Services Commission and to any subcommittee of the
6344        Victim Services Commission;
6345    (17) contract with a third party to assist the Victim Services Commission with reviewing
6346        and providing recommendations on:
6347        (a) the best practices and policies for crime victim services;
6348        (b) the structure and membership of the commission;
6349        (c) the purpose and duties of the commission, including any overlapping duties that the
6350  commission has with another state office, board, or commission;
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6351  (d) the funding for crime victim services in this state, including the need for funding, the
6352  management of state funds for crime victim services, and the implementation of
6353  accountability and performance measures; and
6354  (e) any other issue related to the duties of the commission with which the third party
6355  may provide assistance;
6356     (18) report annually to the Law Enforcement and Criminal Justice Interim Committee on
6357  the progress made on each of the following goals of the Justice Reinvestment Initiative:
6358  (a) ensuring oversight and accountability;
6359  (b) supporting local corrections systems;
6360  (c) improving and expanding reentry and treatment services; and
6361  (d) strengthening probation and parole supervision;
6362     (19) compile a report of findings based on the data and recommendations provided under
6363  Section 13-53-111 that separates the data provided under Section 13-53-111 by each
6364  residential vocational or life skills program;
6365     (20) publish the report described in Subsection (19) on the department's website and
6366  annually provide the report to the Judiciary Interim Committee, the Health and Human
6367  Services Interim Committee, the Law Enforcement and Criminal Justice Interim
6368  Committee, and the related appropriations subcommittees;
6369     (21) publish on the department's website:
6370  (a) the reports on genetic genealogy database utilization described in Section 53-25-401;
6371  and
6372  (b) the data and reports described in Subsection 75E-2-210(5); and
6373     (22) assist the governor with responsibilities related to extradition as directed by the
6374  governor under Section 77-30-2.5.
6375  Section 86. Section 75E-2-203, which is renumbered from Section 63M-7-102 is renumbered
6376     and amended to read:
6377  [63M-7-102] 75E-2-203 (Effective 07/01/26). Recidivism metrics -- Reporting.
6378     (1)[(a)] The [commission] department, the Department of Corrections, and the Board of
6379  Pardons and Parole, when reporting data on statewide recidivism, shall include data
6380  reflecting the recidivism standard metric.
6381  [(b)(i) On or before August 1, 2024, the commission shall reevaluate the recidivism
6382  standard metric to determine whether new data streams allow for a broader
6383  definition, which may include criminal convictions that do not include prison time.]
6384  [(ii) On or before November 1, 2024, the commission shall report to the Law
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6385  Enforcement and Criminal Justice Interim Committee:]
6386  [(A) the result of the reevaluation described in Subsection (1)(b)(i); and]
6387  [(B) other recommendations regarding standardized recidivism metrics.]
6388    (2) A report on statewide criminal recidivism may also include other information reflecting
6389        available recidivism, intervention, or desistance data.
6390    (3) A criminal justice institution, agency, or entity required to report adult recidivism data
6391        to the [commission] department:
6392        (a) shall include:
6393  (i) a clear description of the eligible individuals, including:
6394  (A) the criminal population being evaluated for recidivism; and
6395  (B) the interventions that are being evaluated;
6396  (ii) a clear description of the beginning and end of the evaluation period; and
6397  (iii) a clear description of the events that are considered as a recidivism-triggering
6398  event; and
6399        (b) may include supplementary data including:
6400  (i) the length of time that elapsed before a recidivism-triggering event described in
6401  Subsection (3)(a)(iii) occurred;
6402  (ii) the severity of a recidivism-triggering event described in Subsection (3)(a)(iii);
6403  (iii) measures of personal well-being, education, employment, housing, health, family
6404  or social support, civic or community engagement, or legal involvement; or
6405  (iv) other desistance metrics that may capture an individual's behavior following the
6406  individual's release from an intervention.
6407    (4) Unless otherwise specified in statute:
6408        (a) the evaluation period described in Subsection (3)(a)(ii) is three years; and
6409        (b) a recidivism-triggering event under Subsection (3)(a)(iii) shall include:
6410  (i) an arrest;
6411  (ii) an admission to prison;
6412  (iii) a criminal charge; or
6413  (iv) a criminal conviction.
6414  Section 87. Section 75E-2-204, which is renumbered from Section 63M-7-205 is renumbered
6415    and amended to read:
6416  [63M-7-205] 75E-2-204 (Effective 07/01/26). Annual report by the department.
6417    (1) The [commission] department shall annually prepare and publish a report directed to the
6418        governor, the Legislature, the commission, and the Judicial Council.
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6419     (2) The report shall describe how[ ] :
6420  (a) the commission fulfilled [its] the commission's statutory purposes and duties during
6421  the year[.] ; and
6422  (b) the department fulfilled the department's statutory purposes and duties during the
6423  year.
6424  Section 88. Section 75E-2-205, which is renumbered from Section 63M-7-216 is renumbered
6425     and amended to read:
6426  [63M-7-216] 75E-2-205 (Effective 07/01/26). Prosecutorial data collection --
6427     Policy transparency.
6428     (1) As used in this section:
6429  [(a) "Commission" means the Commission on Criminal and Juvenile Justice created in
6430  Section 63M-7-201.]
6431  [(b)] (a)(i) "Criminal case" means a case [where] in which an offender is charged with
6432  an offense [for which] that requires a mandatory court appearance [is required ]
6433  under the Uniform Bail Schedule.
6434  (ii) "Criminal case" does not mean a case for criminal non-support under Section
6435  76-7-201 or any proceeding involving collection or payment of child support,
6436  medical support, or child care expenses by or on behalf of the Office of Recovery
6437  Services under Section 26B-9-108 or 76-7-202.
6438  [(c)] (b) "Offense tracking number" means a distinct number applied to each criminal
6439  offense by the Bureau of Criminal Identification.
6440  [(d)] (c) "Pre-filing diversion" means an agreement between a [prosecutor] prosecuting
6441  attorney and an individual prior to being charged with a crime, before an information
6442  or indictment is filed, in which the individual is diverted from the traditional criminal
6443  justice system into a program of supervision and supportive services in the
6444  community.
6445  [(e)] (d) "Post-filing diversion" is as described in Section 77-2-5.
6446  [(f)] (e) "Prosecutorial agency" means[ ] :
6447  (i) the Office of the Attorney General[ and ] ; or
6448  (ii) [any] a city, county, or district attorney acting as a public [prosecutor] prosecuting
6449  attorney.
6450  [(g)] (f) "Publish" means to make aggregated data available to the general public.
6451     (2) [Beginning July 1, 2021, all ] Each prosecutorial [agencies] agency within the state shall
6452  submit to the department the following data with regards to each criminal case referred
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6453        to [it] the prosecutorial agency from a law enforcement agency[ to the commission for
6454        compilation and analysis]:
6455        (a) the defendant's:
6456  (i) full name;
6457  (ii) offense tracking number;
6458  (iii) date of birth; and
6459  (iv) zip code;
6460        (b) referring agency;
6461        (c) whether the prosecutorial agency filed charges, declined charges, initiated a
6462  pre-filing diversion, or asked the referring agency for additional information;
6463        (d) if charges were filed, the case number and the court in which the charges were filed;
6464        (e) all charges brought against the defendant;
6465        (f) if applicable, all enhancements to the charges against the defendant;
6466        (g) whether bail was requested and, if so, the requested amount;
6467        (h) the date of initial discovery disclosure;
6468        (i) whether post-filing diversion was offered and, if so, whether [it] post-filing diversion
6469  was entered;
6470        (j) if post-filing diversion or other plea agreement was accepted, the date entered by the
6471  court; and
6472        (k) the date of conviction, acquittal, plea agreement, dismissal, or other disposition of
6473  the case.
6474    (3)(a) [The] A prosecutorial agency shall submit the information required by Subsection
6475        (2), including information that was missing or incomplete at the time of an earlier
6476        submission but is presently available,[ shall be submitted] within 90 days of the last
6477        day of March, June, September, and December of each year for the previous 90-day
6478        period in the form and manner selected by the [commission] department.
6479        (b) If the last day of the month is a Saturday, Sunday, or state holiday, the information
6480  shall be submitted on the next working day.
6481    (4) The prosecutorial agency shall maintain a record of all information collected and
6482        transmitted to the [commission] department for 10 years.
6483    (5)(a) The [commission] department shall include in the plan required by Subsection [
6484        63M-7-204(1)(k)] 75E-2-202(8) an analysis of the data received, comparing and
6485        contrasting the practices and trends among and between prosecutorial agencies in the
6486        state.[ ]
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       S.B. 323  Enrolled Copy
6487  (b) The Law Enforcement and Criminal Justice Interim Committee may request an
6488  in-depth analysis of the data received annually.[ ]
6489  (c) [Any] A request described in Subsection (5)(b) shall be in writing and specify which
6490  data points the report shall focus on.
6491     (6) The [commission] department may provide assistance to prosecutorial agencies in
6492  setting up a method of collecting and reporting data required by this section.
6493     (7)(a) [Beginning January 1, 2021, all prosecutorial agencies shall publish specific office
6494  policies. If the agency does not maintain a policy on a topic in this subsection, the
6495  agency shall affirmatively disclose that fact. Policies shall be published online on the
6496  following topics:] Each prosecutorial agency shall publish online specific office
6497  policies on the following topics:
6498  [(a)] (i) screening and filing criminal charges;
6499  [(b)] (ii) plea bargains;
6500  [(c)] (iii) sentencing recommendations;
6501  [(d)] (iv) discovery practices;
6502  [(e)] (v) prosecution of juveniles, including whether to prosecute a juvenile as an
6503  adult;
6504  [(f)] (vi) collection of fines and fees;
6505  [(g)] (vii) criminal and civil asset forfeiture practices;
6506  [(h)] (viii) services available to victims of crime, both internal to the prosecutorial
6507  office and by referral to outside agencies;
6508  [(i)] (ix) diversion programs; and
6509  [(j)] (x) restorative justice programs.
6510  (b) A prosecutorial agency shall affirmatively disclose if the agency does not maintain a
6511  policy on a topic described in Subsection (7)(a).
6512  Section 89. Section 75E-2-206, which is renumbered from Section 63M-7-216.1 is renumbered
6513     and amended to read:
6514  [63M-7-216.1] 75E-2-206 (Effective 07/01/26). Prosecutorial data collection
6515     regarding certain prosecutions, dismissals, and declinations to prosecute.
6516     (1) [Beginning January 1, 2026, all] Each prosecutorial [agencies] agency within the state
6517  shall collect and submit the following data to the [commission] department:
6518  (a) the number of prosecutions during the previous calendar year in which charges were
6519  brought against an individual based on the individual's false accusation that a felony
6520  or misdemeanor had occurred;
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       Enrolled Copy  S.B. 323
6521        (b) the disposition of each prosecution described in Subsection (1)(a); and
6522        (c) the number of cases during the previous calendar year for which an alleged violation
6523  of any felony or misdemeanor was dismissed or declined:
6524  (i) based on evidence that no crime was committed or attempted;
6525  (ii) based on insufficient evidence to establish a likelihood of success at trial; or
6526  (iii) because the victim was unable to participate.
6527    (2) The information required by Subsection (1) shall be submitted to the [commission]
6528        department in the form and manner selected by the [commission] department.
6529  Section 90. Section 75E-2-207, which is renumbered from Section 63M-7-208 is renumbered
6530    and amended to read:
6531  [63M-7-208] 75E-2-207 (Effective 07/01/26). Juvenile justice oversight --
6532    Delegation -- Effective dates.
6533    (1) The [State Commission on Criminal and Juvenile Justice] department shall:
6534        (a) support implementation and expansion of evidence-based juvenile justice programs
6535  and practices, including assistance regarding implementation fidelity, quality
6536  assurance, and ongoing evaluation;
6537        (b) examine and make recommendations on the use of third-party entities or an
6538  intermediary organization to assist with implementation and to support the
6539  performance-based contracting system authorized in Subsection (1)(m);
6540        (c) oversee the development of performance measures to track juvenile justice reforms,
6541  and ensure early and ongoing stakeholder engagement in identifying the relevant
6542  performance measures;
6543        (d) evaluate currently collected data elements throughout the juvenile justice system and
6544  contract reporting requirements to streamline reporting, reduce redundancies,
6545  eliminate inefficiencies, and ensure a focus on recidivism reduction;
6546        (e) review averted costs from reductions in out-of-home placements for juvenile justice
6547  youth placed with the Division of Juvenile Justice and Youth Services and the
6548  Division of Child and Family Services, and make recommendations to prioritize the
6549  reinvestment and realignment of resources into community-based programs for youth
6550  living at home, including the following:
6551  (i) statewide expansion of:
6552  (A) juvenile receiving centers, as defined in Section 80-1-102;
6553  (B) mobile crisis outreach teams, as defined in Section 26B-5-101;
6554  (C) youth courts; and
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6555  (D) victim-offender mediation;
6556  (ii) statewide implementation of nonresidential diagnostic assessment;
6557  (iii) statewide availability of evidence-based programs and practices including
6558  cognitive behavioral and family therapy programs for minors assessed by a
6559  validated risk and needs assessment as moderate or high risk;
6560  (iv) implementation and infrastructure to support the sustainability and fidelity of
6561  evidence-based juvenile justice programs, including resources for staffing,
6562  transportation, and flexible funds; and
6563  (v) early intervention programs such as family strengthening programs, family
6564  wraparound services, and proven truancy interventions;
6565  (f) assist the Administrative Office of the Courts in the development of a statewide
6566  sliding scale for the assessment of fines, fees, and restitution, based on the ability of
6567  the minor's family to pay;
6568  (g) analyze the alignment of resources and the roles and responsibilities of agencies,
6569  such as the operation of early intervention services, receiving centers, and diversion,
6570  and make recommendations to reallocate functions as appropriate, in accordance with
6571  Section 80-5-401;
6572  (h) comply with the data collection and reporting requirements under Section 80-6-104;
6573  (i) develop a reasonable timeline within which all programming delivered to minors in
6574  the juvenile justice system must be evidence-based or consist of practices that are
6575  rated as effective for reducing recidivism by a standardized program evaluation tool;
6576  (j) provide guidelines to be considered by the Administrative Office of the Courts and
6577  the Division of Juvenile Justice and Youth Services in developing tools considered
6578  by the Administrative Office of the Courts and the Division of Juvenile Justice and
6579  Youth Services in developing or selecting tools to be used for the evaluation of
6580  juvenile justice programs;
6581  (k) develop a timeline to support improvements to juvenile justice programs to achieve
6582  reductions in recidivism and review reports from relevant state agencies on progress
6583  toward reaching that timeline;
6584  (l) subject to Subsection (2), assist in the development of training for juvenile justice
6585  stakeholders, including educators, law enforcement officers, probation staff, judges,
6586  Division of Juvenile Justice and Youth Services staff, Division of Child and Family
6587  Services staff, and program providers;
6588  (m) subject to Subsection (3), assist in the development of a performance-based
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       Enrolled Copy  S.B. 323
6589  contracting system, which shall be developed by the Administrative Office of the
6590  Courts and the Division of Juvenile Justice and Youth Services for contracted
6591  services in the community and contracted out-of-home placement providers;
6592        (n) assist in the development of a validated detention risk assessment tool that is
6593  developed or adopted and validated by the Administrative Office of the Courts and
6594  the Division of Juvenile Justice and Youth Services [as provided in] in accordance
6595  with Section 80-5-203; and
6596        (o) annually issue and make public a report to the governor, president of the Senate,
6597  speaker of the House of Representatives, and chief justice of the Utah Supreme Court
6598  on the progress of the reforms and any additional areas in need of review.
6599    (2) Training described in Subsection (1)(l) should include instruction on evidence-based
6600        programs and principles of juvenile justice, such as risk, needs, responsivity, and
6601        fidelity, and shall be supplemented by the following topics:
6602        (a) adolescent development;
6603        (b) identifying and using local behavioral health resources;
6604        (c) cross-cultural awareness;
6605        (d) graduated responses;
6606        (e) Utah juvenile justice system data and outcomes; and
6607        (f) gangs.
6608    (3) The system described in Subsection (1)(m) shall provide incentives for:
6609        (a) the use of evidence-based juvenile justice programs and practices rated as effective
6610  by the tools selected in accordance with Subsection (1)(j);
6611        (b) the use of three-month timelines for program completion; and
6612        (c) evidence-based programs and practices for minors living at home in rural areas.
6613    (4) The [State Commission on Criminal and Juvenile Justice] department may delegate the
6614        duties imposed under this section to a subcommittee or board established by the [State
6615        Commission on Criminal and Juvenile Justice] commission in accordance with
6616        Subsection [63M-7-204(2)] 75E-3-202(2).
6617  Section 91. Section 75E-2-208, which is renumbered from Section 63M-7-220 is renumbered
6618    and amended to read:
6619  [63M-7-220] 75E-2-208 (Effective 07/01/26). Domestic violence data collection.
6620    (1) As used in this section:
6621        [(a) "Commission" means the State Commission on Criminal and Juvenile Justice
6622  created in Section 63M-7-201.]
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       S.B. 323  Enrolled Copy
6623  [(b)] (a) "Cohabitant abuse protective order" means an order issued with or without
6624  notice to the respondent in accordance with Title 78B, Chapter 7, Part 6, Cohabitant
6625  Abuse Protective Orders.
6626  [(c)] (b) "Lethality assessment" means an evidence-based assessment that is intended to
6627  identify a victim of domestic violence who is at a high risk of being killed by the
6628  perpetrator.
6629  [(d)] (c) "Victim" means the same as that term is defined in Section 77-36-1.
6630     (2) [Beginning July 1, 2025, each] Each law enforcement agency and other organizations
6631  that provide domestic violence services within the state shall submit the following data
6632  to the [commission] department for compilation and analysis in collaboration with the
6633  data collected by the Department of Public Safety in accordance with Section 77-36-2.1
6634  and the Administrative Office of the Courts:
6635  (a) lethality assessments conducted in the state, including:
6636  (i) the type of lethality assessments used by law enforcement agencies and other
6637  organizations that provide domestic violence services; and
6638  (ii) training and protocols implemented by law enforcement agencies and the
6639  organizations described in Subsection (2)(a)(i) regarding the use of lethality
6640  assessments;
6641  (b) the data collection efforts implemented by law enforcement agencies and the
6642  organizations described in Subsection (2)(a)(i);
6643  (c) the number of cohabitant abuse protective orders that, in the immediately preceding
6644  calendar year, were:
6645  (i) issued;
6646  (ii) amended or dismissed before the date of expiration; and
6647  (iii) dismissed under Section 78B-7-605; and
6648  (d) the prevalence of domestic violence in the state and the prevalence of the following
6649  in domestic violence cases:
6650  (i) stalking;
6651  (ii) strangulation;
6652  (iii) violence in the presence of children; and
6653  (iv) threats of suicide or homicide.
6654     (3) The [commission] department, in collaboration with the commission, domestic violence
6655  organizations, and other related stakeholders, shall conduct a review of and provide
6656  feedback on:
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       Enrolled Copy  S.B. 323
6657        (a) lethality assessment training and protocols implemented by law enforcement
6658  agencies and the organizations described in Subsection (2)(a)(i); and
6659        (b) the collection of domestic violence data in the state, including:
6660  (i) coordination between state, local, and not-for-profit agencies to collect data from
6661  lethality assessments and on the prevalence of domestic violence, including the
6662  number of voluntary commitments of firearms under Section 53-5a-502;
6663  (ii) efforts to standardize the format for collecting domestic violence and lethality
6664  assessment data from state, local, and not-for-profit agencies subject to federal
6665  confidentiality requirements; and
6666  (iii) the need for any additional data collection requirements or efforts.
6667    (4) On or before November 30 of each year, the [commission] department shall provide a
6668        written report to the Law Enforcement and Criminal Justice Interim Committee
6669        describing:
6670        (a) the information gathered under Subsections (2) and (3); or
6671        (b) the progress and assessment of available data under Subsections (2) and (3).
6672  Section 92. Section 75E-2-209, which is renumbered from Section 78A-10a-201 is renumbered
6673    and amended to read:
6674  [78A-10a-201] 75E-2-209 (Effective 07/01/26). Judicial selection -- Rulemaking.
6675       The [State Commission on Criminal and Juvenile Justice] department shall:
6676    (1) enact rules establishing procedures for the meetings of a [commission] judicial
6677        nominating commission created under Section 78A-10a-302, 78A-10a-402, or
6678        78A-10a-502 in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
6679        Act; and
6680    (2) ensure that the rules described in Subsection (1):
6681        (a) comply with the requirements of [this chapter] Title 78A, Chapter 10a, Judicial
6682  Selection;
6683        (b) include standards that:
6684  (i) maintain the confidentiality of applications for a judicial vacancy and related
6685  documents;
6686  (ii) address destroying the records of the names of applicants, applications, and
6687  related documents upon the completion of the judicial nomination process; and
6688  (iii) govern a [commissioner's] judicial nominating commission member's
6689  disqualification and inability to serve;
6690        (c) allow for public comment concerning the judicial nomination process, qualifications
                                                     - 197 -
       S.B. 323  Enrolled Copy
6691  for judicial office, and individual applicants;
6692  (d) include evaluation criteria for the selection of judicial nominees; and
6693  (e) address procedures for:
6694  (i) taking summary minutes at a judicial nominating commission meeting;
6695  (ii) simultaneously forwarding the names of nominees to the governor, the president
6696  of the Senate, and the Office of Legislative Research and General Counsel as
6697  described in Subsection 78A-10a-203(5); and
6698  (iii) requiring the Administrative Office of the Courts to immediately inform the
6699  governor when a judge is removed, resigns, or retires.
6700  Section 93. Section 75E-2-210, which is renumbered from Section 63A-16-1002 is renumbered
6701     and amended to read:
6702  [63A-16-1002] 75E-2-210 (Effective 07/01/26). Public safety portal -- Software
6703     service required to be compatible with public safety portal.
6704     (1) As used in this section, "division" means the Division of Technology Services created in
6705  Section 63A-16-103.
6706     [(1)] (2) The [commission] department shall oversee the creation and management of a
6707  public safety portal for information and data required to be reported to the [commission]
6708  department and accessible to all criminal justice agencies in the state.
6709     [(2)] (3) The division shall assist with the development and management of the public safety
6710  portal.
6711     [(3)] (4) The division, in collaboration with the [commission] department, shall create:
6712  (a) master standards and formats for information submitted to the public safety portal;
6713  (b) a gateway, bridge, website, or other method for reporting entities to provide the
6714  information;
6715  (c) a master data management index or system to assist in the retrieval of information
6716  from the public safety portal;
6717  (d) a protocol for accessing information in the public safety portal that complies with
6718  state privacy regulations; and
6719  (e) a protocol for real-time audit capability of all data accessed from the public safety
6720  portal by participating data source, data use entities, and regulators.
6721     [(4)] (5) The public safety portal shall be the repository for[ the statutorily required data
6722  described in]:
6723  (a) recidivism data described in Section 13-53-111[, Recidivism reporting requirements];
6724  (b) county jail data described in Section 17-72-408[, County jail reporting requirements];
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       Enrolled Copy  S.B. 323
6725        (c) criminal justice coordinating council data described in Section 17E-2-201[, Criminal
6726  Justice Coordinating Councils reporting];
6727        (d) data from the Alcohol Abuse Tracking Committee as described in Section 26B-1-427[
6728  , Alcohol Abuse Tracking Committee];
6729        (e) DUI related data described in Section 41-6a-511[, Courts to collect and maintain data];
6730        (f) driving under the influence crash and arrest data, as described in Section 53-10-118[,
6731  Regarding driving under the influence data];
6732        [(g) Section 53-25-301, Reporting requirements for reverse-location warrants;]
6733        [(h)] (g) sexual assault offense data described in Section 53-25-202[, Sexual assault
6734  offense reporting requirements for law enforcement agencies];
6735        [(i) Section 53E-3-516, School disciplinary and law enforcement action report;]
6736        (h) reverse-location warrant data described in Section 53-25-301;
6737        [(j)] (i) seized firearm data described in Section 53-25-501[, Reporting requirements for
6738  seized firearms];
6739        [(k)] (j) firearm data described in Section 53-25-502[, Law enforcement agency reporting
6740  requirements for certain firearm data];
6741        [(l) Section 63M-7-214, Law enforcement agency grant reporting;]
6742        [(m) Section 63M-7-216, Prosecutorial data collection;]
6743        [(n) Section 63M-7-216.1, Prosecutorial data collection regarding certain prosecutions,
6744  dismissals, and declinations to prosecute;]
6745        [(o) Section 63M-7-220, Domestic violence data collection;]
6746        [(p) Section 64-14-204, Supervision of sentenced offenders placed in community;]
6747        (k) the school disciplinary and law enforcement action report described in Section
6748  53E-3-516;
6749        [(q)] (l) data described in Section 64-13-25, [Standards for programs] relating to
6750  programs developed by the Department of Corrections;
6751        [(r)] (m) inmate data described in Section 64-13-45[, Department reporting requirements];
6752        [(s)] (n) the county reports described in Section 64-13e-104[, County correctional facility
6753  reimbursement program for state probationary inmates and state parole inmates];
6754        (o) sentenced offender data described in Section 64-14-204;
6755        (p) prosecutorial agency data for each criminal case as described in Section 75E-2-205;
6756        (q) prosecutorial agency data for the previous calendar year as described in Section
6757  75E-2-206;
6758        (r) domestic violence data described in Section 75E-2-208;
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       S.B. 323  Enrolled Copy
6759  (s) law enforcement agency grant reports described in Section 75E-2-302;
6760  (t) tactical group data described in Section 77-7-8.5[, Use of tactical groups];
6761  (u) forfeiture data described in Section 77-11b-404[, Forfeiture reporting requirements];
6762  (v) release data described in Section 77-20-103[, Release data requirements];
6763  (w) court order data described in Section 77-22-2.5[, Court orders for criminal
6764  investigations];
6765  (x) court data described in Section 78A-2-109.5[, Court data collection on criminal cases];
6766  (y) data on offenses committed by minors submitted under Section 80-6-104[, Data
6767  collection on offenses committed by minors]; and
6768  (z) any other statutes that require the collection of specific data and the reporting of that
6769  data to the [commission] department.
6770     [(5) Before October 1, 2025, the commission shall report all data collected to the Law
6771  Enforcement and Criminal Justice Interim Committee.]
6772     (6) The [commission] department may:
6773  (a) enter into contracts with private or governmental entities to assist entities in
6774  complying with the data reporting requirements of Subsection [(4)] (5); and
6775  (b) make, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
6776  Act, rules to administer this section, including establishing requirements and
6777  procedures for collecting the data described in Subsection [(4)] (5).
6778     (7) A vendor that operates a software service described in Subsection (8) shall:
6779  (a) establish an automated connection to the department's public safety portal; and
6780  (b) ensure that the connection described in Subsection (7)(a) is operational within one
6781  year of the criminal justice agency's system that uses the software service becoming
6782  active.
6783     (8) A software service is subject to Subsection (7) if the software service:
6784  (a) is for use by a criminal justice agency within the state's criminal justice system; and
6785  (b) collects and stores data required by statute to be reported to the department.
6786  Section 94. Section 75E-2-211, which is renumbered from Section 63M-7-528 is renumbered
6787     and amended to read:
6788  [63M-7-528] 75E-2-211 (Effective 07/01/26). Rape crisis and services center
6789     standards, eligibility, and monitoring -- Administrative rulemaking authority.
6790     (1) With regard to eligibility for a grant, other funds, or services provided under [this part]
6791  Chapter 5, Office for Victims of Crime, for a rape crisis and services center, the [
6792  commission] department, in consultation with the [office] Office for Victims of Crime,
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       Enrolled Copy  S.B. 323
6793        shall create rules to:
6794        (a) create standards of care for a rape crisis and services center to provide safe, effective,
6795  and appropriate services for a victim of sexual assault:
6796  (i) that are based on best practices; and
6797  (ii) with input from the [Utah ]Victim Services Commission's subcommittee on rape
6798  and sexual assault established under Subsection [63M-7-903(5)(b)]
6799  75E-6-103(5)(b);
6800        (b) create and enforce eligibility standards for a rape crisis and services center that:
6801  (i) incorporate the standards of care described in Subsection (1)(a); and
6802  (ii) may be used to determine whether a rape crisis and services center is eligible for
6803  a grant, other funds, or services under [this part] Chapter 5, Office for Victims of
6804  Crime; and
6805        (c) create standards and procedures for the [commission] department to monitor and
6806  audit a rape crisis and services center for compliance with the eligibility standards
6807  described in Subsection (1)(b).
6808    (2) Rules made by the [commission] department under this section shall be made in
6809        accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
6810    (3) The state auditor shall audit the [commission's] department's compliance with the [
6811        commission's] department's monitoring and auditing requirements described in
6812        Subsection (1)(c) and the provision of grant funds under this section.
6813  Section 95. Section 75E-2-301 is enacted to read:
6814  Part 3. Grants and Funds
6815  75E-2-301 (Effective 07/01/26). Definitions for part.
6816       Reserved.
6817  Section 96. Section 75E-2-302, which is renumbered from Section 63M-7-214 is renumbered
6818    and amended to read:
6819  [63M-7-214] 75E-2-302 (Effective 07/01/26). Law enforcement agency grants.
6820    [(1) As used in this section:]
6821        [(a) "Commission" means the Commission on Criminal and Juvenile Justice created in
6822  Section 63M-7-201.]
6823        [(b) "Law enforcement agency" means a state or local law enforcement agency.]
6824        [(c) "Other appropriate agency" means a state or local government agency, or a
6825  nonprofit organization, that works to prevent illegal drug activity and enforce laws
6826  regarding illegal drug activity and related criminal activity by:]
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       S.B. 323  Enrolled Copy
6827  [(i) programs, including education, prevention, treatment, and research programs; and]
6828  [(ii) enforcement of laws regarding illegal drugs.]
6829     (1) As used in this section, "agency" means:
6830  (a) a state or local law enforcement agency; or
6831  (b) a state or local government agency, or a nonprofit organization, that works to prevent
6832  illegal drug activity and enforce laws regarding illegal drug activity and related
6833  criminal activity through:
6834  (i) programs, including education, prevention, treatment, and research programs; and
6835  (ii) enforcement of laws regarding illegal drugs.
6836     (2) The [commission] department shall implement law enforcement operations and
6837  programs related to reducing illegal drug activity as [listed] described in Subsection (3).
6838     (3)(a) The first priority of the [commission] department is to annually allocate not more
6839  than $2,500,000, depending upon funding available from other sources, to directly
6840  fund the operational costs of [state and local law enforcement ]agencies' drug or
6841  crime task forces, including multijurisdictional task forces.
6842  (b) The second priority of the [commission] department is to allocate grants for specified [
6843  law enforcement ]agency functions and other agency functions as the [commission]
6844  department finds appropriate to more effectively reduce illegal drug activity and
6845  related criminal activity, including providing education, prevention, treatment, and
6846  research programs.
6847     (4)(a) In allocating grants and determining the amount of the grants to carry out the
6848  purposes of Subsection (3), the [commission] department shall consider:
6849  (i) the demonstrated ability of the agency to appropriately use the grant to implement
6850  the proposed functions and how this function or task force will add to the [law
6851  enforcement ]agency's [current ]efforts to reduce illegal drug activity and related
6852  criminal activity; and
6853  (ii) the agency's cooperation with other [state and local ]agencies and task forces.
6854  (b) [Agencies qualify] An agency qualifies for a grant only if [they demonstrate] the
6855  agency demonstrates compliance with all reporting and policy requirements
6856  applicable under this [section and under Title 63M, Chapter 7, Criminal Justice and
6857  Substance Abuse, in order to qualify as a potential grant recipient] title.
6858     (5) [Recipient agencies] A recipient agency may only use grant money after approval or
6859  appropriation by the agency's governing body, and a determination that the grant money
6860  is nonlapsing.
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       Enrolled Copy  S.B. 323
6861    (6) A recipient[ law enforcement] agency may use funds granted under this section only for
6862        the purposes stated by the [commission] department in the grant.
6863    (7)(a) For each fiscal year, [any law enforcement] an agency that receives a grant from
6864        the [commission] department under this section shall prepare and file with the [
6865        commission] department and the state auditor a report in a form specified by the [
6866        commission] department.
6867        (b) The report described in Subsection (7)(a) shall include the following regarding each
6868  grant:
6869  (i) the agency's name;
6870  (ii) the amount of the grant;
6871  (iii) the date of the grant;
6872  (iv) how the grant has been used; and
6873  (v) a statement signed by both the agency's or political subdivision's executive officer
6874  or designee and by the agency's legal counsel, that all grant funds were used for
6875  law enforcement operations and programs[ ] :
6876  (A) approved by the [commission] department; and[ ]
6877  (B) that relate to reducing illegal drug activity and related criminal activity, as
6878  specified in the grant.
6879  Section 97. Section 75E-2-303, which is renumbered from Section 63M-7-218 is renumbered
6880    and amended to read:
6881  [63M-7-218] 75E-2-303 (Effective 07/01/26). State grant requirements.
6882    (1) Except as provided in Subsection (2), the [commission] department may not award a
6883        grant of state funds to an entity subject to, and not in compliance with, the reporting
6884        requirements described in [ ]Subsection [63A-16-1002(4)] 75E-2-210(5).
6885    (2)(a) The [commission] department may award a grant to an entity under Section [
6886        63A-16-1003] 75E-2-306 even if the entity is not in compliance with the reporting
6887        requirements described in Subsection [63A-16-1002(4)] 75E-2-210(5).
6888        (b) Subsection (1) does not apply to the law enforcement reporting requirements for
6889  certain firearm data described in Section 53-25-502.
6890    (3) [Beginning July 1, 2025, the commission] The department may not award [any] a grant
6891        of state funds to an entity subject to the requirements [under] described in Sections
6892        53-21-102 and 53-21-104.3, if the [commission] department has determined[ under
6893        Subsection 63M-7-204(1)(aa)] , after receiving a recommendation described in
6894        Subsection 75E-3-202(1)(i)(ii) from the Commission on Criminal and Juvenile Justice,
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       S.B. 323  Enrolled Copy
6895  that the entity is [currently ]not eligible to receive state grant funds under this section.
6896  Section 98. Section 75E-2-304, which is renumbered from Section 63M-7-215 is renumbered
6897     and amended to read:
6898  [63M-7-215] 75E-2-304 (Effective 07/01/26). Pretrial Release Programs Special
6899     Revenue Fund -- Funding -- Uses.
6900     (1) As used in this section[:] , "fund" means the Pretrial Release Programs Special Revenue
6901  Fund created in this section.
6902  [(a) "Commission" means the Commission on Criminal and Juvenile Justice created in
6903  Section 63M-7-201.]
6904  [(b) "Fund" means the Pretrial Release Programs Special Revenue Fund created in this
6905  section.]
6906     (2) There is created an expendable special revenue fund known as the "Pretrial Release
6907  Programs Special Revenue Fund."
6908     (3) The Division of Finance shall administer the fund in accordance with this section.
6909     (4) The fund shall consist of:
6910  (a) money collected and remitted to the fund under Section 77-20-403;
6911  (b) appropriations from the Legislature;
6912  (c) interest earned on money in the fund; and
6913  (d) contributions from other public or private sources.
6914     (5) The [commission] department shall award grants from the fund to county agencies and
6915  other agencies the [commission] department determines appropriate to assist counties
6916  with establishing and expanding pretrial services programs that serve the purpose of:
6917  (a) assisting a court in making an informed decision regarding an individual's pretrial
6918  release; and
6919  (b) providing supervision of an individual released from law enforcement custody on
6920  conditions pending a final determination of a criminal charge filed against the
6921  individual.
6922     (6) The [commission] department may retain up to 3% of the money deposited into the fund
6923  to pay for administrative costs incurred by the [commission] department, including salary
6924  and benefits, equipment, supplies, or travel costs that are directly related to the
6925  administration of this section.
6926     (7) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the [
6927  commission] department shall establish a grant application and review process for the
6928  expenditure of money from the fund.
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6929    (8) The grant application and review process shall describe:
6930        (a) the requirements to complete the grant application;
6931        (b) requirements for receiving funding;
6932        (c) criteria for the approval of a grant application; and
6933        (d) support offered by the [commission] department to complete a grant application.
6934    (9) Upon receipt of a grant application, the [commission] department shall:
6935        (a) review the grant application for completeness;
6936        (b) make a determination regarding the grant application;
6937        (c) inform the grant applicant of the [commission's] department's determination regarding
6938  the grant application; and
6939        (d) if approved, award grants from the fund to the grant applicant.
6940    (10) Before November 30 of each year, the [commission] department shall provide an
6941        electronic report to the Law Enforcement and Criminal Justice Interim Committee
6942        regarding the status of the fund and expenditures made from the fund.
6943  Section 99. Section 75E-2-305, which is renumbered from Section 63M-7-219 is renumbered
6944    and amended to read:
6945  [63M-7-219] 75E-2-305 (Effective 07/01/26). Victim Services Restricted Account
6946    -- Funding -- Uses.
6947    (1) There is created in the General Fund a restricted account known as the "Victim Services
6948        Restricted Account."
6949    (2) The Victim Services Restricted Account is funded by:
6950        (a) money appropriated to the account by the Legislature;
6951        (b) money deposited from a judgment in favor of the state [pursuant to] in accordance
6952  with the requirements of Section 78B-8-201;
6953        (c) gifts, donations, or grants from private entities or individuals; and
6954        (d) interest earned on money in the account.
6955    (3) Subject to appropriation, the Legislature shall use the funds in the Victim Services
6956        Restricted Account to fund services for victims, including using funds for:
6957        (a) services provided by Children's Justice Centers;
6958        (b) services for sexual assault and domestic violence victims;
6959        (c) services recommended by the [Utah ]Victim Services Commission under Section [
6960  63M-7-804] 75E-6-202; or
6961        (d) any administrative costs associated with implementing victim services.
6962  Section 100. Section 75E-2-306, which is renumbered from Section 63A-16-1003 is renumbered
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       S.B. 323  Enrolled Copy
6963     and amended to read:
6964  [63A-16-1003] 75E-2-306 (Effective 07/01/26). Public safety portal grant
6965     program.
6966     (1) As used in this section:
6967  (a) "Grant" means a grant awarded under this section.
6968  (b) "Program" means the public safety portal grant program created in Subsection (2)(a).
6969     [(1)] (2)(a) There is created within the [commission] department the public safety portal
6970  grant program.
6971  (b) The purpose of the program is to award grants to assist entities in complying with the
6972  data reporting requirements described in Subsection [63A-16-1002(4)] 75E-2-210(5).
6973  (c) The program is funded with existing appropriations previously designated for the
6974  purpose of facilitating data collection and any ongoing appropriations made by the
6975  Legislature for the program.
6976     [(2)] (3) An entity that submits a proposal for a grant to the [commission] department shall
6977  include details in the proposal regarding:
6978  (a) how the entity plans to use the grant to fulfill the purpose described in Subsection [
6979  (1)(b)] (2)(b);
6980  (b) any plan to use funding sources in addition to the grant for proposal;
6981  (c) any existing or planned partnerships with another individual or entity to implement
6982  the proposal; and
6983  (d) other information the [commission] department determines is necessary to evaluate
6984  the proposal.
6985     [(3)] (4) When evaluating a proposal for a grant, the [commission] department shall consider:
6986  (a) the likelihood that the proposal will accomplish the purpose described in Subsection [
6987  (1)(b)] (2)(b);
6988  (b) the cost of the proposal; and
6989  (c) the viability and sustainability of the proposal.
6990     [(4)] (5) Subject to Subsection [(2)] (3), the [commission] department may make rules, in
6991  accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to
6992  establish:
6993  (a) eligibility criteria for a grant;
6994  (b) the form and process for submitting a proposal to the [commission] department for a
6995  grant;
6996  (c) the method and formula for determining a grant amount; and
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6997        (d) reporting requirements for a grant recipient.
6998  Section 101. Section 75E-3-101, which is renumbered from Section 63M-7-101.5 is renumbered
6999    and amended to read:
7000  CHAPTER 3. Commission on Criminal and Juvenile Justice
7001  Part 1. General Provisions
7002  [63M-7-101.5] 75E-3-101 (Effective 07/01/26). Definitions for chapter.
7003       As used in this chapter:
7004    (1) "Commission" means[, except as provided in Sections 63M-7-901 and 63M-7-1101,]
7005        the [State ]Commission on Criminal and Juvenile Justice created in Section [63M-7-201]
7006        75E-3-102.
7007    (2)(a) "Rape crisis and services center" means a nonprofit entity that assists victims of
7008        sexual assault and victims' families by offering sexual assault crisis intervention and
7009        counseling through a sexual assault counselor.
7010        (b) "Rape crisis and services center" does not include a qualified institutional victim
7011  services provider as defined in Section 53H-14-401.
7012    (3)(a) "Sexual assault" means any criminal conduct described in Title 76, Chapter 5, Part
7013        4, Sexual Offenses.
7014        (b) "Sexual assault" does not include criminal conduct described in:
7015  (i) Section 76-5-417, Enticing a minor;
7016  (ii) Section 76-5-418, Sexual battery;
7017  (iii) Section 76-5-419, Lewdness; or
7018  (iv) Section 76-5-420, Lewdness involving a child.
7019    (4) "Sexual assault counselor" means an individual who:
7020        (a) is employed by or volunteers at a rape crisis and services center;
7021        (b) has a minimum of 40 hours of training in counseling and assisting victims of sexual
7022  assault; and
7023        (c) is under the supervision of the director of a rape crisis and services center or the
7024  director's designee.
7025    [(2) "Desistance" means an individual's abstinence from further criminal activity after a
7026        previous criminal conviction.]
7027    [(3) "Intervention" means a program, sanction, supervision, or event that may impact
7028        recidivism.]
7029    [(4) "Recidivism" means a return to criminal activity after a previous criminal conviction.]
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       S.B. 323  Enrolled Copy
7030     [(5) "Recidivism standard metric" means the number of individuals who are returned to
7031  prison for a new conviction within the three years after the day on which the individuals
7032  were released from prison.]
7033  Section 102. Section 75E-3-102, which is renumbered from Section 63M-7-201 is renumbered
7034     and amended to read:
7035  [63M-7-201] 75E-3-102 (Effective 07/01/26). Creation -- Purpose.
7036     (1) The [State ]Commission on Criminal and Juvenile Justice is created within the [
7037  governor's office] department.
7038     (2) The commission's purpose is to:
7039  (a) promote broad philosophical agreement concerning the objectives of the criminal and
7040  juvenile justice system in Utah;
7041  (b) provide a mechanism for coordinating the functions of the various branches and
7042  levels of government concerned with criminal and juvenile justice to achieve those
7043  objectives;
7044  (c) coordinate statewide efforts to reduce crime and victimization in Utah; and
7045  (d) accomplish the duties [enumerated] described in Section [63M-7-204] 75E-3-202.
7046  Section 103. Section 75E-3-103, which is renumbered from Section 63M-7-202 is renumbered
7047     and amended to read:
7048  [63M-7-202] 75E-3-103 (Effective 07/01/26). Composition -- Appointments -- Ex
7049     officio members -- Terms.
7050     (1) The [State Commission on Criminal and Juvenile Justice] commission is composed of
7051  17 voting members as follows:
7052  (a) the state court administrator or the state court administrator's designee;
7053  (b) the executive director of the Department of Corrections or the executive director's
7054  designee;
7055  (c) the executive director of the Department of Health and Human Services or the
7056  executive director's designee;
7057  (d) the commissioner of the Department of Public Safety or the commissioner's designee;
7058  (e) the attorney general or an attorney designated by the attorney general;
7059  (f) the president of the chiefs of police association or a chief of police designated by the
7060  association's president;
7061  (g) the president of the sheriffs' association or a sheriff designated by the association's
7062  president;
7063  (h) the chair of the Board of Pardons and Parole or a member of the Board of Pardons
                                                       - 208 -
       Enrolled Copy  S.B. 323
7064  and Parole designated by the chair;
7065        (i) the chair of the [Utah Sentencing Commission] sentencing commission or a member
7066  of the [Utah Sentencing Commission] sentencing commission designated by the chair;
7067        (j) the chair of the Juvenile Justice Oversight Committee or a member of the Juvenile
7068  Justice Oversight Committee designated by the chair;
7069        (k) the chair of the [Utah ]Victim Services Commission or a member of the [Utah ]
7070  Victim Services Commission designated by the chair;
7071        (l) an indigent defense attorney, appointed by the [Utah ]Indigent Defense Commission;
7072        (m) a criminal [prosecutor] prosecuting attorney, appointed by the Statewide Association
7073  of [Public Attorneys and Prosecutors] Prosecutors and Public Attorneys;
7074        (n) a criminal defense attorney, appointed by the Utah Association of Criminal Defense
7075  Lawyers;
7076        (o) the executive director of the commission;
7077        (p) an education professional, appointed by the State Board of Education; and
7078        (q) the director of the Division of Juvenile Justice and Youth Services or the director's
7079  designee.
7080    (2) In addition to the members designated in Subsection (1), the following may serve as [
7081        non-voting] nonvoting members:
7082        (a) a district court judge appointed by the Judicial Council; and
7083        (b) a juvenile court judge appointed by the Judicial Council.
7084    (3) In appointing the members under Subsections (1) and (2), the appointing authority shall
7085        take into account the geographical makeup of the commission.
7086  Section 104. Section 75E-3-104, which is renumbered from Section 63M-7-203 is renumbered
7087    and amended to read:
7088  [63M-7-203] 75E-3-104 (Effective 07/01/26). Executive director -- Qualifications
7089    -- Compensation -- Appointment -- Functions.
7090    (1) The [governor] commissioner, with the advice and consent of the Senate, shall appoint [a
7091        person] an individual experienced in the field of criminal justice and in administration as
7092        the executive director of the [Commission on Criminal and Juvenile Justice] commission.[ ]
7093    (2) The [governor] commissioner shall establish the executive director's salary within the
7094        salary range fixed by the Legislature in Title 67, Chapter 22, State Officer Compensation.
7095        [(2)(a) The executive director, under the direction of the commission, shall administer
7096  the duties of the commission and act as the governor's advisor on national, state,
7097  regional, metropolitan, and local government planning as it relates to criminal justice.]
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       S.B. 323  Enrolled Copy
7098     (3)(a) The executive director shall:
7099  (i) administer the duties of the commission;
7100  (ii) communicate on behalf of the commission to policymakers and the public;
7101  (iii) represent the department on the commission; and
7102  (iv) represent the department on other boards and commissions in accordance with
7103  Sections 75E-4-102 and 75E-6-102 or as assigned by the commissioner.
7104  (b) This chapter does not derogate the planning authority conferred on state, regional,
7105  metropolitan, and local governments by existing law.
7106  Section 105. Section 75E-3-105, which is renumbered from Section 63M-7-206 is renumbered
7107     and amended to read:
7108  [63M-7-206] 75E-3-105 (Effective 07/01/26). Election of chair -- Meetings.
7109     (1) The membership of the [Commission on Criminal and Juvenile Justice] commission,
7110  by simple majority vote of [those] commission members in attendance, shall annually
7111  elect [one of their number] a commission member to serve as chair.[ ]
7112     (2) The chair is responsible for the call and conduct of meetings.[ ]
7113     (3) [Meetings shall be called and held] The chair shall call and hold meetings at least
7114  bimonthly.[ ]
7115     (4) One of the bimonthly meetings shall be held while the Legislature is convened in [its]
7116  the Legislature's annual general session.[ ]
7117     (5) Additional meetings may be called upon request by a majority of the commission's
7118  members.
7119  Section 106. Section 75E-3-106, which is renumbered from Section 63M-7-207 is renumbered
7120     and amended to read:
7121  [63M-7-207] 75E-3-106 (Effective 07/01/26). Members serve without pay --
7122     Reimbursement for expenses.
7123     (1) A member who is not a legislator may not receive compensation or benefits for the
7124  member's service, but may receive per diem and travel expenses as allowed in:
7125  (a) Section 63A-3-106;
7126  (b) Section 63A-3-107; and
7127  (c) rules made by the Division of Finance according to Sections 63A-3-106 and
7128  63A-3-107.
7129     (2) Compensation and expenses of a member who is a legislator are governed by Section
7130  36-2-2 and Legislative Joint Rules, Title 5, Legislative Compensation and Expenses.
7131  Section 107. Section 75E-3-201 is enacted to read:
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       Enrolled Copy  S.B. 323
7132  Part 2. Commission Responsibilities
7133  75E-3-201 (Effective 07/01/26). Definitions for part.
7134       Reserved.
7135  Section 108. Section 75E-3-202, which is renumbered from Section 63M-7-204 is renumbered
7136    and amended to read:
7137  [63M-7-204] 75E-3-202 (Effective 07/01/26). Duties of commission.
7138    (1) The commission shall:
7139        (a) promote the commission's purposes as [enumerated] described in Section [63M-7-201]
7140  75E-3-102;
7141        (b) promote the communication and coordination of all criminal and juvenile justice
7142  agencies;
7143        [(c) study, evaluate, and report on the status of crime in the state and on the effectiveness
7144  of criminal justice policies, procedures, and programs that are directed toward the
7145  reduction of crime in the state;]
7146        [(d) study, evaluate, and report on programs initiated by state and local agencies to
7147  address reducing recidivism, including changes in penalties and sentencing
7148  guidelines intended to reduce recidivism, costs savings associated with the reduction
7149  in the number of inmates, and evaluation of expenses and resources needed to meet
7150  goals regarding the use of treatment as an alternative to incarceration, as resources
7151  allow;]
7152        [(e) study, evaluate, and report on policies, procedures, and programs of other
7153  jurisdictions which have effectively reduced crime;]
7154        [(f)] (c) identify and promote the implementation of specific policies and programs the
7155  commission determines will significantly reduce crime and improve public safety in
7156  Utah;
7157        [(g)] (d) with the assistance of data and reports provided by the department, including
7158  any annual criminal justice reports, provide analysis and recommendations on all
7159  criminal and juvenile justice legislation,[ state budget, and facility requests,]
7160  including program and fiscal impact on all components of the criminal and juvenile
7161  justice system;
7162        [(h) provide analysis, accountability, recommendations, and supervision for state and
7163  federal criminal justice grant money;]
7164        [(i) provide public information on the criminal and juvenile justice system and give
7165  technical assistance to agencies or local units of government on methods to promote
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       S.B. 323  Enrolled Copy
7166  public awareness;]
7167  [(j)] (e) promote research and program evaluation as an integral part of the criminal and
7168  juvenile justice system;
7169  [(k) provide a comprehensive criminal justice plan annually;]
7170  [(l)] (f) review agency forecasts regarding future demands on the criminal and juvenile
7171  justice systems, including specific projections for secure bed space;
7172  [(m) promote the development of criminal and juvenile justice information systems that
7173  are consistent with common standards for data storage and are capable of
7174  appropriately sharing information with other criminal justice information systems by:]
7175  [(i) developing and maintaining common data standards for use by all state criminal
7176  justice agencies;]
7177  [(ii) annually performing audits of criminal history record information maintained by
7178  state criminal justice agencies to assess their accuracy, completeness, and
7179  adherence to standards;]
7180  [(iii) defining and developing state and local programs and projects associated with
7181  the improvement of information management for law enforcement and the
7182  administration of justice; and]
7183  [(iv) establishing general policies concerning criminal and juvenile justice
7184  information systems and making rules as necessary to carry out the duties under
7185  Subsection (1)(k) and this Subsection (1)(m);]
7186  [(n) allocate and administer grants, from money made available, for approved education
7187  programs to help prevent the sexual exploitation of children;]
7188  [(o) allocate and administer grants for law enforcement operations and programs related
7189  to reducing illegal drug activity and related criminal activity;]
7190  [(p) request, receive, and evaluate data and recommendations collected and reported by:]
7191  [(i) agencies and contractors related to policies recommended by the commission
7192  regarding recidivism reduction, including the data described in Section 13-53-111
7193  and Subsection 26B-5-102(2)(jj); and]
7194  [(ii) state agencies under Section 67-28-102;]
7195  [(q) establish and administer a performance incentive grant program that allocates funds
7196  appropriated by the Legislature to programs and practices implemented by counties
7197  that reduce recidivism and reduce the number of offenders per capita who are
7198  incarcerated;]
7199  [(r) oversee or designate an entity to oversee the implementation of juvenile justice
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       Enrolled Copy  S.B. 323
7200  reforms;]
7201        [(s) make rules and administer the juvenile holding room standards and juvenile jail
7202  standards to align with the Juvenile Justice and Delinquency Prevention Act
7203  requirements pursuant to 42 U.S.C. Sec. 5633;]
7204        [(t) allocate and administer grants, from money made available, for pilot qualifying
7205  education programs;]
7206        [(u) request, receive, and evaluate the aggregate data collected from prosecutorial
7207  agencies and the Administrative Office of the Courts, in accordance with Sections
7208  63M-7-216, 63M-7-216.1, and 78A-2-109.5;]
7209        [(v) report annually to the Law Enforcement and Criminal Justice Interim Committee on
7210  the progress made on each of the following goals of the Justice Reinvestment
7211  Initiative:]
7212  [(i) ensuring oversight and accountability;]
7213  [(ii) supporting local corrections systems;]
7214  [(iii) improving and expanding reentry and treatment services; and]
7215  [(iv) strengthening probation and parole supervision;]
7216        [(w) compile a report of findings based on the data and recommendations provided
7217  under Section 13-53-111 thatseparates the data provided under Section 13-53-111 by
7218  each residential vocational or life skills program;]
7219        [(x) publish the report described in Subsection (1)(w) on the commission's website and
7220  annually provide the report to the Judiciary Interim Committee, the Health and
7221  Human Services Interim Committee, the Law Enforcement and Criminal Justice
7222  Interim Committee, and the related appropriations subcommittees;]
7223        [(y) receive, compile, and publish on the commission's website the data provided under:]
7224  [(i) Section 53-25-202;]
7225  [(ii) Section 53-25-301; and]
7226  [(iii) Section 53-25-401;]
7227        (g) make recommendations regarding state and federal criminal justice grant funding
7228  administered by the department;
7229        [(z)] (h) review, research, advise, and make recommendations to the three branches of
7230  government regarding evidence-based sex offense management policies and
7231  practices, including supervision standards, treatment standards, and the sex offender
7232  registry;
7233        [(aa)] (i)(i) receive and evaluate a referral from the Department of Public Safety
                                                     - 213 -
       S.B. 323  Enrolled Copy
7234  received under Section 53-21-104.3 involving a denial of mental health resources
7235  by a first responder agency to an eligible individual[, including, if appropriate in
7236  the commission's discretion,] ; and
7237  (ii) after evaluating a referral described in Subsection (1)(i)(i), determine whether to
7238  recommend that the department deny the [relevant entity] first responder agency
7239  subject to the referral from receiving any grant of state funds under Section [
7240  63M-7-218] 75E-2-303 for a specified period of time; and
7241  [(bb)] (j) accept public comment.
7242     (2)(a) The commission may designate an entity to perform the duties described in this [
7243  part] chapter.
7244  (b) If the commission designates an entity under Subsection (2)(a), the commission shall
7245  ensure that the membership of the designated entity includes representation from
7246  relevant stakeholder groups from the parts of the justice system implicated in the
7247  policy area.
7248     (3) In fulfilling the commission's duties under Subsection (1), the commission may seek
7249  input and request assistance from groups with knowledge and expertise in criminal
7250  justice, including other boards and commissions affiliated or housed within the [
7251  commission] department.
7252  Section 109. Section 75E-4-101, which is renumbered from Section 63M-7-401.1 is renumbered
7253     and amended to read:
7254  CHAPTER 4. Sentencing Commission
7255  Part 1. General Provisions
7256  [63M-7-401.1] 75E-4-101 (Effective 07/01/26). Definitions for chapter.
7257        As used in this [part] chapter:
7258     (1) "Adjudication" means an adjudication, as that term is defined in Section 80-1-102, of an
7259  offense under Section 80-6-701.
7260     (2) "Adult sentencing and supervision length guidelines" means the guidelines established
7261  in Section [63M-7-404.3] 75E-4-203.
7262     (3) "Civil disability" means a legal right or privilege that is revoked as a result of the
7263  individual's conviction or adjudication.
7264     (4) "Collateral consequence" means:
7265  (a) a discretionary disqualification; or
7266  (b) a mandatory sanction.
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       Enrolled Copy  S.B. 323
7267    (5) "Commission" means the Commission on Criminal and Juvenile Justice created in
7268        Section 75E-3-102.
7269    [(5)] (6) "Conviction" means the same as that term is defined in Section 77-38b-102.
7270    [(6)] (7) "Disadvantage" means any legal or regulatory restriction that:
7271        (a) is imposed on an individual as a result of the individual's conviction or adjudication;
7272  and
7273        (b) is not a civil disability or a legal penalty.
7274    [(7)] (8) "Discretionary disqualification" means a penalty, a civil disability, or a
7275        disadvantage that a court in a civil proceeding, or a federal, state, or local government
7276        agency or official, may impose on an individual as a result of the individual's
7277        adjudication or conviction for an offense regardless of whether the penalty, the civil
7278        disability, or the disadvantage is specifically designated as a penalty, a civil disability, or
7279        a disadvantage.
7280    [(8)] (9) "Juvenile" means a minor as that term is defined in Section 80-1-102.
7281    [(9)] (10) "Juvenile disposition guidelines" means the guidelines established in Section [
7282        63M-7-404.5] 75E-4-204.
7283    [(10)] (11) "Mandatory sanction" means a penalty, a civil disability, or a disadvantage that:
7284        (a) is imposed on an individual as a result of the individual's adjudication or conviction
7285  for an offense regardless of whether the penalty, the civil disability, or the
7286  disadvantage is specifically designated as a penalty, a civil disability, or a
7287  disadvantage; and
7288        (b) is not included in the judgment for the adjudication or conviction.
7289    [(11) "Master offense list" means a document that contains all offenses that exist in statute
7290        and each offense's associated penalty.]
7291    (12) "Offense" means a felony, a misdemeanor, an infraction, or an adjudication under the
7292        laws of this state, another state, or the United States.
7293    (13) "Penalty" means an administrative, civil, or criminal sanction imposed to punish the
7294        individual for the individual's conviction or adjudication.
7295    (14) "Sentencing commission" means the sentencing commission created in Section [
7296        63M-7-401.2] 75E-4-102.
7297  Section 110. Section 75E-4-102, which is renumbered from Section 63M-7-401.2 is renumbered
7298    and amended to read:
7299  [63M-7-401.2] 75E-4-102 (Effective 07/01/26). Creation -- Members --
7300    Appointment -- Qualifications.
                                                       - 215 -
       S.B. 323  Enrolled Copy
7301     (1) There is created the sentencing commission[, within the commission, that is composed
7302  of 15 voting members. ] within the department.
7303     (2) The sentencing commission shall:
7304  (a) develop [by-laws] bylaws and rules in compliance with Title 63G, Chapter 3, Utah
7305  Administrative Rulemaking Act; and
7306  (b) elect the sentencing commission's officers.
7307     (3)(a) The sentencing commission is composed of 15 voting members.
7308  (b) The sentencing commission's members shall be:
7309  [(a)] (i) the executive director of the Department of Corrections or the executive
7310  director's designee;
7311  [(b)] (ii) the director of the [ ]Division of Juvenile Justice and Youth Services or the
7312  director's designee;
7313  [(c)] (iii) the executive director of the commission or the executive director's designee;
7314  [(d)] (iv) the chair of the Board of Pardons and Parole or the chair's designee;
7315  [(e)] (v) the state court administrator or the state court administrator's designee;
7316  [(f)] (vi) a criminal defense attorney, appointed by the Utah Association of Criminal
7317  Defense Lawyers;
7318  [(g)] (vii) an indigent defense attorney, appointed by the Indigent Defense
7319  Commission;
7320  [(h)] (viii) the attorney general or the attorney general's designee;
7321  [(i)] (ix) a criminal [prosecutor] prosecuting attorney, appointed by the Statewide
7322  Association of [Public Attorneys and Prosecutors] Prosecutors and Public
7323  Attorneys;
7324  [(j)] (x) a representative of the Utah [Sheriff's] Sheriffs Association appointed by the
7325  governor;
7326  [(k)] (xi) a licensed professional, appointed by the governor, who assists in the
7327  rehabilitation of individuals convicted of an offense;
7328  [(l)] (xii) the chair of the [Utah ]Victim Services Commission or a member of the [
7329  Utah ]Victim Services Commission designated by the chair;
7330  [(m)] (xiii) the chair of the Juvenile Justice Oversight Committee or a member of the
7331  Juvenile Justice Oversight Committee designated by the chair;
7332  [(n)] (xiv) a juvenile prosecuting attorney, appointed by the Statewide Association of [
7333  Public Attorneys and Prosecutors] Prosecutors and Public Attorneys; and
7334  [(o)] (xv) a juvenile defense attorney, appointed by the Utah Association of Criminal
                                                       - 216 -
       Enrolled Copy  S.B. 323
7335  Defense Lawyers.
7336    (4) In addition to the members described in Subsection (3), the following may serve as [
7337        non-voting] nonvoting members:
7338        (a) a district court judge appointed by the Judicial Council; and
7339        (b) a juvenile court judge appointed by the Judicial Council.
7340    (5) The executive director of the commission shall hire a director of the sentencing
7341        commission to administer and manage the sentencing commission.
7342  Section 111. Section 75E-4-103, which is renumbered from Section 63M-7-402 is renumbered
7343    and amended to read:
7344  [63M-7-402] 75E-4-103 (Effective 07/01/26). Terms of members --
7345    Reappointment -- Vacancy.
7346    (1)(a) Except as required by Subsection (1)(b), [ ]the appointing authority shall appoint
7347        each new member or reappointed member to a four-year term as the terms of
7348        members of the sentencing commission expire.
7349        (b) The appointing authority shall, at the time of appointment or reappointment, adjust
7350  the length of terms to ensure that the terms of members of the sentencing commission
7351  are staggered so that approximately half of the sentencing commission is appointed
7352  every two years.
7353    (2) If a member of the sentencing commission no longer holds a qualifying position,
7354        resigns, or is unable to serve, the appointing authority shall fill the vacancy.
7355    (3) When a vacancy occurs in the membership for any reason, the replacement shall be
7356        appointed for the unexpired term.
7357  Section 112. Section 75E-4-104, which is renumbered from Section 63M-7-402.5 is renumbered
7358    and amended to read:
7359  [63M-7-402.5] 75E-4-104 (Effective 07/01/26). Compensation of members.
7360    (1) A member of the sentencing commission who is not a legislator may not receive
7361        compensation or benefits for the member's service, but may receive per diem and travel
7362        expenses as allowed in:
7363        (a) Section 63A-3-106;
7364        (b) Section 63A-3-107; and
7365        (c) rules made by the Division of Finance according to Sections 63A-3-106 and
7366  63A-3-107.
7367    (2) Compensation and expenses of a member of the sentencing commission who is a
7368        legislator are governed by Section 36-2-2 and Legislative Joint Rules, Title 5,
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       S.B. 323  Enrolled Copy
7369  Legislative Compensation and Expenses.
7370  Section 113. Section 75E-4-201 is enacted to read:
7371  Part 2. Sentencing Commission Responsibilities
7372  75E-4-201 (Effective 07/01/26). Definitions for part.
7373        Reserved.
7374  Section 114. Section 75E-4-202, which is renumbered from Section 63M-7-404.1 is renumbered
7375     and amended to read:
7376  [63M-7-404.1] 75E-4-202 (Effective 07/01/26). Duties of the sentencing
7377     commission.
7378     (1) The sentencing commission shall establish and maintain:
7379  (a) the adult sentencing and supervision length guidelines described in Section [
7380  63M-7-404.3] 75E-4-203;
7381  (b) the juvenile disposition guidelines described in Section [63M-7-404.5] 75E-4-204;
7382  (c) [a master offense list] an annual offense report described in Section [63M-7-405]
7383  75E-4-205; and
7384  (d) a collateral consequences guide described in Section [63M-7-405] 75E-4-205.
7385     (2) The sentencing commission may make recommendations to the Legislature, the
7386  governor, and the Judicial Council regarding:
7387  (a) the adult sentencing and supervision length guidelines described in Section [
7388  63M-7-404.3] 75E-4-203;
7389  (b) the juvenile disposition guidelines described in Section [63M-7-404.5] 75E-4-204;
7390  (c) [a master offense list] an annual offense report described in Section [63M-7-405]
7391  75E-4-205; and
7392  (d) a collateral consequences guide described in Section [63M-7-405] 75E-4-205.
7393     (3) The sentencing commission shall use existing data and resources from state criminal
7394  justice agencies in carrying out the duties of the sentencing commission.
7395     (4) The sentencing commission shall:
7396  (a) provide training and recommendations regarding the adult sentencing and
7397  supervision length guidelines, the juvenile disposition guidelines, and other
7398  documents maintained by the sentencing commission to the three branches of
7399  government, in coordination with the commission; and
7400  (b) assist and respond to questions from all three branches of government.
7401     (5)(a) The sentencing commission may provide analysis and recommendations to the
7402  commission regarding proposed legislation or other policy changes that may impact
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       Enrolled Copy  S.B. 323
7403        sentencing, release, or supervision of individuals convicted of crimes.
7404        (b) The sentencing commission may not take public positions on proposed legislation or
7405  other proposed policy changes by the Legislature.
7406    (6) The sentencing commission may employ professional assistance and other staff
7407        members that the sentencing commission considers necessary to comply with this [part]
7408        chapter.
7409    (7) The sentencing commission shall coordinate with the [commission] department on
7410        criminal and juvenile justice issues, budget, and administrative support.
7411  Section 115. Section 75E-4-203, which is renumbered from Section 63M-7-404.3 is renumbered
7412    and amended to read:
7413  [63M-7-404.3] 75E-4-203 (Effective 07/01/26). Adult sentencing and supervision
7414    length guidelines.
7415    [(1)] The sentencing commission shall establish and maintain adult sentencing and
7416        supervision length guidelines regarding:
7417        [(a)] (1) the sentencing and release of offenders in order to:
7418  [(i)] (a) accept public comment;
7419  [(ii)] (b) relate sentencing practices and correctional resources;
7420  [(iii)] (c) increase [equity] consistency in sentencing;
7421  [(iv)] (d) better define responsibility in sentencing; and
7422  [(v)] (e) enhance the discretion of the sentencing court while preserving the role of the
7423  Board of Pardons and Parole;
7424        [(b)] (2) the length of supervision of offenders on probation or parole in order to:
7425  [(i)] (a) accept public comment;
7426  [(ii)] (b) increase [equity] consistency in criminal supervision lengths;
7427  [(iii)] (c) relate the length of supervision to an offender's progress;
7428  [(iv)] (d) take into account an offender's risk of offending again;
7429  [(v)] (e) relate the length of supervision to the amount of time an offender has remained
7430  under supervision in the community; and
7431  [(vi)] (f) enhance the discretion of the sentencing court while preserving the role of the
7432  Board of Pardons and Parole; and
7433        [(c)] (3) appropriate, evidence-based probation and parole supervision policies and services
7434  that assist offenders in successfully completing supervision and reduce incarceration
7435  rates from community supervision programs while ensuring public safety, including:
7436  [(i)] (a) treatment and intervention completion determinations based on individualized
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       S.B. 323  Enrolled Copy
7437  case action plans;
7438  [(ii)] (b) measured and consistent processes for addressing violations of conditions of
7439  supervision;
7440  [(iii)] (c) processes that include using positive reinforcement to recognize an offender's
7441  progress in supervision;
7442  [(iv)] (d) engaging with social services agencies and other stakeholders who provide
7443  services that meet the needs of an offender; and
7444  [(v)] (e) identifying community violations that may not warrant revocation of probation
7445  or parole.
7446     [(2)(a) Before July 1, 2024, the sentencing commission shall revise and review the adult
7447  sentencing and supervision length guidelines to reflect appropriate penalties for the
7448  following offenses:]
7449  [(i) an interlock restricted driver operating a vehicle without an ignition interlock
7450  system, Section 41-6a-518.2;]
7451  [(ii) negligently operating a vehicle resulting in injury, Section 76-5-102.1; and]
7452  [(iii) negligently operating a vehicle resulting in death, Section 76-5-207.]
7453  [(b) The guidelines under Subsection (2)(a) shall consider the following:]
7454  [(i) the current sentencing requirements for driving under the influence of alcohol,
7455  drugs, or a combination of both as identified in Section 41-6a-505 when injury or
7456  death do not result;]
7457  [(ii) the degree of injury and the number of victims suffering injury or death as a
7458  result of the offense;]
7459  [(iii) the offender's number of previous convictions for driving under the influence
7460  related offenses as defined in Subsection 41-6a-501(2)(a); and]
7461  [(iv) whether the offense amounts to extreme DUI, as that term is defined in Section
7462  41-6a-501.]
7463     [(3) On or before October 31, 2024, the sentencing commission shall review and revise the
7464  supervision tools in the adult sentencing and supervision length guidelines to:]
7465  [(a) recommend appropriate sanctions for an individual who violates probation or parole
7466  by:]
7467  [(i) committing a felony offense, a misdemeanor offense described in Title 76,
7468  Chapter 5, Offenses Against the Individual, or a misdemeanor offense for driving
7469  under the influence described in Section 41-6a-502;]
7470  [(ii) possessing a dangerous weapon; or]
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       Enrolled Copy  S.B. 323
7471  [(iii) willfully refusing to participate in treatment ordered by the court or the Board of
7472  Pardons and Parole; and]
7473        [(b) recommend appropriate incentives for an individual on probation or parole that:]
7474  [(i) completes all conditions of probation or parole; or]
7475  [(ii) maintains eligible employment as defined in Section 64-14-301.]
7476    [(4) The sentencing commission shall establish guidelines in the adult sentencing and
7477        supervision length guidelines that recommend an enhanced sentence that a court or the
7478        Board of Pardons and Parole should consider when determining the period in which a
7479        habitual offender, as defined in Section 77-18-102, will be incarcerated.]
7480    [(5) The sentencing commission shall modify:]
7481        [(a) the adult sentencing and supervision length guidelines to reduce recidivism for the
7482  purposes of protecting the public and ensuring efficient use of state funds; and]
7483        [(b) the criminal history score in the adult sentencing and supervision length guidelines
7484  to reduce recidivism, including factors in an offender's criminal history that are
7485  relevant to the accurate determination of an individual's risk of offending again.]
7486  Section 116. Section 75E-4-204, which is renumbered from Section 63M-7-404.5 is renumbered
7487    and amended to read:
7488  [63M-7-404.5] 75E-4-204 (Effective 07/01/26). Juvenile disposition guidelines.
7489    (1) The sentencing commission shall establish and maintain juvenile disposition guidelines
7490        that:
7491        (a) respond to public comment;
7492        (b) relate dispositional practices and rehabilitative resources;
7493        (c) increase [equity] consistency in disposition orders;
7494        (d) better define responsibility for disposition orders; and
7495        (e) enhance the discretion of the juvenile court while preserving the role of the Youth
7496  Parole Authority.
7497    (2) The juvenile disposition guidelines shall address how to appropriately respond to
7498        negative and positive behavior of juveniles who are:
7499        (a) nonjudicially adjusted;
7500        (b) placed on diversion;
7501        (c) placed on probation;
7502        (d) placed on community supervision;
7503        (e) placed in an out-of-home placement; or
7504        (f) placed in a secure care facility.
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       S.B. 323  Enrolled Copy
7505     (3) The juvenile disposition guidelines shall include:
7506  (a) other sanctions and incentives including:
7507  (i) recommended responses that are swift and certain;
7508  (ii) a continuum of community-based options for juveniles living at home;
7509  (iii) recommended responses that target the juvenile's criminogenic risk and needs;
7510  and
7511  (iv) recommended incentives for compliance, including earned discharge credits; and
7512  (b) a recommendation that, when a juvenile court interacts with a juvenile described in
7513  Subsection (2), the juvenile court shall consider:
7514  (i) the seriousness of the negative and positive behavior of the juvenile;
7515  (ii) the juvenile's conduct postadjudication; and
7516  (iii) the juvenile's delinquency history[; and] .
7517  [(c) appropriate sanctions for a juvenile who commits sexual exploitation of a minor as
7518  described in Section 76-5b-201, or aggravated sexual exploitation of a minor as
7519  described in Section 76-5b-201.1, including the application of aggravating and
7520  mitigating factors specific to the offense.]
7521  Section 117. Section 75E-4-205, which is renumbered from Section 63M-7-405 is renumbered
7522     and amended to read:
7523  [63M-7-405] 75E-4-205 (Effective 07/01/26). Annual offense report -- Collateral
7524     consequences guide.
7525     (1)(a) The sentencing commission shall annually create [a master offense list.] an offense
7526  report listing and briefly summarizing every criminal offense that was created,
7527  expanded, enhanced, reduced, or eliminated during the previous legislative session.
7528  (b) On or before June 30 of each year, the sentencing commission shall:
7529  (i) after the last day of the general legislative session, update the [master offense list]
7530  report described in Subsection (1)(a); and
7531  (ii) present the [updated master offense list] report described in Subsection (1)(a) to
7532  the Law Enforcement and Criminal Justice Interim Committee.
7533     (2)(a) The sentencing commission shall:
7534  (i) identify any provision of state law, including the Utah Constitution, and any
7535  administrative rule that imposes a collateral consequence;
7536  (ii) prepare and compile a guide that contains all the provisions identified in
7537  Subsection (2)(a)(i); and
7538  (iii) update the guide described in Subsection (2)(a)(ii) annually.
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       Enrolled Copy  S.B. 323
7539        (b) The sentencing commission shall state in the guide described in Subsection (2)(a)
7540  that:
7541  (i) the guide has not been enacted into law;
7542  (ii) the guide does not have the force of law;
7543  (iii) the guide is for informational purposes only;
7544  (iv) an error or omission in the guide, or in any reference in the guide:
7545  (A) has no effect on a plea, an adjudication, a conviction, a sentence, or a
7546  disposition; and
7547  (B) does not prevent a collateral consequence from being imposed;
7548  (v) any laws or regulations for a county, a municipality, another state, or the United
7549  States[,] imposing a collateral consequence are not included in the guide; and
7550  (vi) the guide does not include any provision of state law or any administrative rule
7551  imposing a collateral consequence that is enacted on or after March 31 of each
7552  year.
7553        (c) The sentencing commission shall:
7554  (i) place the statements described in Subsection (2)(b) in a prominent place at the
7555  beginning of the guide;[ and]
7556  (ii) periodically update the guide; and
7557  [(ii)] (iii) make the guide available to the public on the sentencing commission's
7558  website.
7559        [(d) The sentencing commission shall:]
7560  [(i) present the updated guide described in Subsection (2)(a)(iii) annually to the Law
7561  Enforcement and Criminal Justice Interim Committee; and]
7562  [(ii) identify and recommend legislation on collateral consequences to the Law
7563  Enforcement and Criminal Justice Interim Committee.]
7564  Section 118. Section 75E-4-206, which is renumbered from Section 63M-7-406 is renumbered
7565    and amended to read:
7566  [63M-7-406] 75E-4-206 (Effective 07/01/26). Reports -- Legislative approval --
7567    Publication of reports.
7568    (1)(a) On or before October 31 of each year, the sentencing commission shall submit the
7569        sentencing and supervision length guidelines and juvenile disposition guidelines
7570        created in accordance with Sections [63M-7-404.3] 75E-4-203 and [63M-7-404.5]
7571        75E-4-204 to the Law Enforcement and Criminal Justice Interim Committee and the
7572        Judiciary Interim Committee for review, including any legislative recommendations.
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       S.B. 323  Enrolled Copy
7573  (b) [Beginning January 1, 2025, the] The Legislature shall annually authorize, by passing
7574  a concurrent resolution, the sentencing and supervision length guidelines and the
7575  juvenile disposition guidelines submitted in accordance with Subsection (1)(a).
7576  (c) The existing sentencing and supervision length guidelines and juvenile disposition
7577  guidelines that were approved in accordance with Subsection (1)(b) shall remain in
7578  effect until the day on which the Legislature reauthorizes the sentencing and
7579  supervision length guidelines and juvenile disposition guidelines as described in
7580  Subsection (1)(b).
7581     (2) The sentencing commission [shall also be] is authorized to prepare, publish, and
7582  distribute from time to time reports of studies, recommendations, and statements from
7583  the sentencing commission.
7584  Section 119. Section 75E-5-101, which is renumbered from Section 63M-7-502 is renumbered
7585     and amended to read:
7586  CHAPTER 5. Office for Victims of Crime
7587  Part 1. General Provisions
7588  [63M-7-502] 75E-5-101 (Effective 07/01/26). Definitions for chapter.
7589  As used in this [part] chapter:
7590     (1) "Accomplice" means an individual who has engaged in criminal conduct as described in
7591  Section 76-2-202.
7592     (2) "Advocacy services provider" means the same as that term is defined in Section
7593  77-38-403.
7594     (3) "Bodily injury" means physical pain, illness, or any impairment of physical condition.
7595     (4) "Claimant" means any of the following claiming [reparations] compensation under this [
7596  part] chapter:
7597  (a) a victim;
7598  (b) a dependent of a deceased victim; or
7599  (c) an individual or representative who files a [reparations] compensation claim on behalf
7600  of a victim.
7601     (5) "Child" means an unemancipated individual who is under 18 years old.
7602     (6) "Collateral source" means any source of benefits or advantages for economic loss
7603  otherwise reparable under this [part] chapter that the claimant has received, or that is
7604  readily available to the claimant from:
7605  (a) the offender;
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       Enrolled Copy  S.B. 323
7606        (b) the insurance of the offender or the victim;
7607        (c) the United States government or any [of its ]agencies of the United States government,
7608  a state or any of [its] the state's political subdivisions, or an instrumentality of two or
7609  more states, except in the case on nonobligatory state-funded programs;
7610        (d) social security, Medicare, and Medicaid;
7611        (e) state-required temporary nonoccupational income replacement insurance or disability
7612  income insurance;
7613        (f) workers' compensation;
7614        (g) wage continuation programs of any employer;
7615        (h) proceeds of a contract of insurance payable to the claimant for the loss the claimant
7616  sustained because of the criminally injurious conduct;
7617        (i) a contract providing prepaid hospital and other health care services or benefits for
7618  disability; or
7619        (j) veteran's benefits, including veteran's hospitalization benefits.
7620    (7) "Compensation award" means money or other benefits provided to a claimant or to
7621        another on behalf of a claimant after a compensation claim is approved by the office.
7622    (8) "Compensation claim" means a claimant's request or application made to the office for a
7623        compensation award.
7624    (9)(a) "Compensation specialist" means an individual employed by the office to
7625        investigate a claimant's request for compensation and award compensation under this
7626        chapter.
7627        (b) "Compensation specialist" includes the director when the director is acting as a
7628  compensation specialist.
7629    [(7)] (10)(a) "Confidential record" means a record in the custody of the office that relates
7630        to a claimant's eligibility for a [reparations] compensation award.
7631        (b) "Confidential record" includes:
7632  (i) a [reparations] compensation claim;
7633  (ii) any correspondence regarding:
7634  (A) the approval or denial of a [reparations] compensation claim; or
7635  (B) the payment of a [reparations] compensation award;
7636  (iii) a document submitted to the office in support of a [reparations] compensation
7637  award;
7638  (iv) a medical or mental health treatment plan; [and] or
7639  (v) an investigative report provided to the office by a law enforcement agency.
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       S.B. 323  Enrolled Copy
7640     [(8)] (11) "Criminal justice system victim advocate" means the same as that term is defined
7641  in Section 77-38-403.
7642     [(9)] (12)(a) "Criminally injurious conduct" other than acts of war declared or not
7643  declared means conduct that:
7644  (i) is or would be subject to prosecution in this state under Section 76-1-201;
7645  (ii) occurs or is attempted;
7646  (iii) causes, or poses a substantial threat of causing, bodily injury or death;
7647  (iv) is punishable by fine, imprisonment, or death if the individual engaging in the
7648  conduct possessed the capacity to commit the conduct; and
7649  (v) does not arise out of the ownership, maintenance, or use of a motor vehicle,
7650  aircraft, or water craft, unless the conduct is:
7651  (A) intended to cause bodily injury or death;
7652  (B) punishable under Title 76, Chapter 5, Offenses Against the Individual; or
7653  (C) chargeable as an offense for driving under the influence of alcohol or drugs.
7654  (b) "Criminally injurious conduct" includes a felony violation of Section 76-7-101 and
7655  other conduct leading to the psychological injury of an individual resulting from
7656  living in a setting that involves a bigamous relationship.
7657     [(10)] (13)(a) "Dependent" means a natural person to whom the victim is wholly or
7658  partially legally responsible for care or support.
7659  (b) "Dependent" includes a child of the victim born after the victim's death.
7660     [(11)] (14) "Dependent's economic loss" means loss after the victim's death of contributions
7661  of things of economic value to the victim's dependent, not including services the
7662  dependent would have received from the victim if the victim had not suffered the fatal
7663  injury, less expenses of the dependent avoided by reason of the victim's death.
7664     [(12)] (15) "Dependent's replacement services loss" means loss reasonably and necessarily
7665  incurred by the dependent after the victim's death in obtaining services in lieu of those
7666  the decedent would have performed for the victim's benefit if the victim had not suffered
7667  the fatal injury, less expenses of the dependent avoided by reason of the victim's death
7668  and not subtracted in calculating the dependent's economic loss.
7669     [(13)] (16) "Director" means the director of the office.
7670     [(14)] (17) "Disposition" means the sentencing or determination of penalty or punishment to
7671  be imposed upon an individual:
7672  (a) convicted of a crime;
7673  (b) found delinquent; or
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       Enrolled Copy  S.B. 323
7674        (c) against whom a finding of sufficient facts for conviction or finding of delinquency is
7675  made.
7676    [(15)] (18)(a) "Economic loss" means economic detriment consisting only of allowable
7677        expense, work loss, replacement services loss, and if injury causes death, dependent's
7678        economic loss and dependent's replacement service loss.
7679        (b) "Economic loss" includes economic detriment even if caused by pain and suffering
7680  or physical impairment.
7681        (c) "Economic loss" does not include noneconomic detriment.
7682    [(16)] (19) "Elderly victim" means an individual who is[ ] :
7683        (a) 60 years old or older; and[ who is ]
7684        (b) a victim.
7685    [(17)] (20) "Fraudulent claim" means a filed [reparations] compensation based on material
7686        misrepresentation of fact and intended to deceive the [reparations] compensation staff for
7687        the purpose of obtaining [reparation] compensation funds for which the claimant is not
7688        eligible.
7689    [(18)] (21) "Fund" means the Crime Victim [Reparations] Compensation Fund created in
7690        Section [63M-7-526] 75E-5-302.
7691    [(19)] (22)(a) "Interpersonal violence" means an act involving violence, physical harm,
7692        or a threat of violence or physical harm, that is committed by an individual who is or
7693        has been in a domestic, dating, sexual, or intimate relationship with the victim.
7694        (b) "Interpersonal violence" includes any attempt, conspiracy, or solicitation of an act
7695  described in Subsection [(19)(a)] (22)(a).
7696    [(20)] (23) "Law enforcement agency" means a public or private agency having general
7697        police power and charged with making arrests in connection with enforcement of the
7698        criminal statutes and ordinances of this state or any political subdivision of this state.
7699    [(21)] (24) "Law enforcement officer" means the same as that term is defined in Section
7700        53-13-103.
7701    [(22)] (25)(a) "Medical examination" means a physical examination necessary to
7702        document criminally injurious conduct.
7703        (b) "Medical examination" does not include mental health evaluations for the
7704  prosecution and investigation of a crime.
7705    [(23)] (26) "Mental health counseling" means outpatient and inpatient counseling[
7706        necessitated] that:
7707        (a) is necessary as a result of criminally injurious conduct[, ] ; and
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       S.B. 323  Enrolled Copy
7708  (b) is subject to rules made by the office in accordance with Title 63G, Chapter 3, Utah
7709  Administrative Rulemaking Act.
7710     [(24)] (27) "Misconduct" means conduct by the victim that was attributable to the injury or
7711  death of the victim as provided by rules made by the office in accordance with Title
7712  63G, Chapter 3, Utah Administrative Rulemaking Act.
7713     [(25)] (28) "Noneconomic detriment" means pain, suffering, inconvenience, physical
7714  impairment, and other nonpecuniary damage, except as provided in this [part] chapter.
7715     [(26)] (29) "Nongovernment organization victim advocate" means the same as that term is
7716  defined in Section 77-38-403.
7717     [(27)] (30) "Nonpublic restitution record" means a restitution record that contains a
7718  claimant's medical or mental health information.
7719     [(28)] (31) "Pecuniary loss" does not include loss attributable to pain and suffering except as
7720  otherwise provided in this [part] chapter.
7721     [(29)] (32) "Offender" means an individual who has violated [Title 76, Utah Criminal Code]
7722  Title 76, Criminal Offenses, through criminally injurious conduct regardless of whether
7723  the individual is arrested, prosecuted, or convicted.
7724     [(30)] (33) "Offense" means a violation of [Title 76, Utah Criminal Code] Title 76, Criminal
7725  Offenses.
7726     [(31)] (34) "Office" [means the director, the reparations and assistance officers, and any
7727  other staff employed for the purpose of carrying out the provisions of this part] means the
7728  Office for Victims of Crime created in Section 75E-5-102.
7729     [(32)] (35) "Perpetrator" means the individual who actually participated in the criminally
7730  injurious conduct.
7731     [(33)] (36) "Public restitution record" means a restitution record that does not contain a
7732  claimant's medical or mental health information.
7733     [(34)(a) "Rape crisis and services center" means a nonprofit entity that assists victims of
7734  sexual assault and victims' families by offering sexual assault crisis intervention and
7735  counseling through a sexual assault counselor.]
7736  [(b) "Rape crisis and services center" does not include a qualified institutional victim
7737  services provider as defined in Section 53H-14-401.]
7738     [(35) "Reparations award" means money or other benefits provided to a claimant or to
7739  another on behalf of a claimant after the day on which a reparations claim is approved
7740  by the office.]
7741     [(36) "Reparations claim" means a claimant's request or application made to the office for a
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7742        reparations award.]
7743    [(37)(a) "Reparations officer" means an individual employed by the office to investigate
7744        a claimant's request for reparations and award reparations under this part.]
7745        [(b) "Reparations officer" includes the director when the director is acting as a
7746  reparations officer.]
7747    [(38)] (37) "Replacement service loss" means expenses reasonably and necessarily incurred
7748        in obtaining ordinary and necessary services in lieu of those the injured individual would
7749        have performed, not for income but the benefit of the injured individual or the injured
7750        individual's dependents if the injured individual had not been injured.
7751    [(39)] (38)(a) "Representative" means the victim, immediate family member, legal
7752        guardian, attorney, conservator, executor, or an heir of an individual.
7753        (b) "Representative" does not include a service provider or collateral source.
7754    [(40)] (39) "Restitution" means the same as that term is defined in Section 77-38b-102.
7755    [(41)] (40)(a) "Restitution record" means a record documenting payments made to, or on
7756        behalf of, a claimant by the office that the office relies on to support a restitution
7757        request made in accordance with Section 77-38b-205.
7758        (b) "Restitution record" includes:
7759  (i) a notice of restitution;
7760  (ii) an itemized list of payments;
7761  (iii) an invoice, receipt, or bill submitted to the office for reimbursement; and
7762  (iv) any documentation that the office relies on to establish a nexus between an
7763  offender's criminally injurious conduct and a [reparations] compensation award
7764  made by the office.
7765    [(42)] (41) "Secondary victim" means an individual who is traumatically affected by the
7766        criminally injurious conduct subject to rules made by the office in accordance with Title
7767        63G, Chapter 3, Utah Administrative Rulemaking Act.
7768    [(43)] (42) "Service provider" means an individual or agency who provides a service to a
7769        claimant for a monetary fee, except attorneys as provided in Section [63M-7-524]
7770        75E-5-314.
7771    [(44)] (43) "Serious bodily injury" means the same as that term is defined in Section
7772        76-1-101.5.
7773    [(45)(a) "Sexual assault" means any criminal conduct described in Title 76, Chapter 5,
7774        Part 4, Sexual Offenses.]
7775        [(b) "Sexual assault" does not include criminal conduct described in:]
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       S.B. 323  Enrolled Copy
7776  [(i) Section 76-5-417, enticing a minor;]
7777  [(ii) Section 76-5-418, sexual battery;]
7778  [(iii) Section 76-5-419, lewdness; or]
7779  [(iv) Section 76-5-420, lewdness involving a child.]
7780     [(46) "Sexual assault counselor" means an individual who:]
7781  [(a) is employed by or volunteers at a rape crisis and services center;]
7782  [(b) has a minimum of 40 hours of training in counseling and assisting victims of sexual
7783  assault; and]
7784  [(c) is under the supervision of the director of a rape crisis and services center or the
7785  director's designee.]
7786     (44) "Sexual assault" means the same as that term is defined in Section 75E-3-101.
7787     [(47)] (45) "Strangulation" means any act involving the use of unlawful force or violence
7788  that:
7789  (a) impedes breathing or the circulation of blood; and
7790  (b) is likely to produce a loss of consciousness by:
7791  (i) applying pressure to the neck or throat of an individual; or
7792  (ii) obstructing the nose, mouth, or airway of an individual.
7793     [(48)] (46) "Substantial bodily injury" means the same as that term is defined in Section
7794  76-1-101.5.
7795     [(49)] (47)(a) "Victim" means an individual who suffers bodily or psychological injury or
7796  death as a direct result of:
7797  (i) criminally injurious conduct; or
7798  (ii) the production of [pornography] child sexual abuse material in violation of
7799  Section 76-5b-201 or 76-5b-201.1 if the individual is a minor.
7800  (b) "Victim" does not include an individual who participated in or observed the judicial
7801  proceedings against an offender unless otherwise provided by statute or rule made in
7802  accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
7803     [(50)] (48) "Work loss" means loss of income from work the injured victim would have
7804  performed if the injured victim had not been injured and expenses reasonably incurred
7805  by the injured victim in obtaining services in lieu of those the injured victim would have
7806  performed for income, reduced by any income from substitute work the injured victim
7807  was capable of performing but unreasonably failed to undertake.
7808  Section 120. Section 75E-5-102 is enacted to read:
7809  75E-5-102 (Effective 07/01/26). Office for Victims of Crime -- Purpose.
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       Enrolled Copy  S.B. 323
7810    (1) There is created the Office for Victims of Crime within the department.
7811    (2) The purpose of the office is to assist victims of criminally injurious conduct who may
7812        be eligible for assistance from the fund.
7813  Section 121. Section 75E-5-103, which is renumbered from Section 63M-7-507 is renumbered
7814    and amended to read:
7815  [63M-7-507] 75E-5-103 (Effective 07/01/26). Appointment of director.
7816    (1) The [executive director of the Commission on Criminal and Juvenile Justice]
7817        commissioner shall appoint a director to carry out the provisions of this [part] chapter.
7818    (2) The director shall:
7819        (a) be an experienced administrator with a background in at least one of the following
7820  fields:
7821  (i) social work;
7822  (ii) psychology;
7823  (iii) criminal justice;
7824  (iv) law; or
7825  (v) another field related to the fields described in Subsections (2)(a)(i) through (iv);
7826        (b) demonstrate an understanding of the needs of crime victims and of services to
7827  victims; and
7828        (c) devote the director's time and capacity to the director's duties.
7829    [(3) In addition to the requirements under Subsection (2), the director shall:]
7830        [(a) hire staff, including reparations and assistance officers, as necessary;]
7831        [(b) act when necessary as a reparations officer in deciding an initial reparations claim;]
7832        [(c) possess the same investigation and decision-making authority as the reparations
7833  officers;]
7834        [(d) hear appeals from the decisions of the reparations officers, unless the director acted
7835  as a reparations officer on the initial reparations claim;]
7836        [(e) serve as the public relations representative of the office;]
7837        [(f) provide for payment of all administrative salaries, fees, and expenses incurred by the
7838  staff of the office, to be paid out of appropriations from the fund;]
7839        [(g) cooperate with the state treasurer and the state Division of Finance in causing the
7840  funds in the fund to be invested and the fund's investments sold or exchanged and the
7841  proceeds and income collected;]
7842        [(h) apply for, receive, allocate, disburse, and account for, subject to approval and in
7843  conformance with policies adopted by the office, all grant funds made available by
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       S.B. 323  Enrolled Copy
7844  the United States, the state, foundations, corporations, and other businesses, agencies,
7845  or individuals;]
7846  [(i) obtain and utilize the services of other governmental agencies upon request; and]
7847  [(j) act in any other capacity or perform any other acts necessary for the office to
7848  successfully fulfill the office's statutory duties and objectives.]
7849     [(4) The director may request assistance from the Commission on Criminal and Juvenile
7850  Justice, the Department of Public Safety, and other state agencies in conducting research
7851  or monitoring victims' programs.]
7852  Section 122. Section 75E-5-201 is enacted to read:
7853  Part 2. Office Responsibilities
7854  75E-5-201 (Effective 07/01/26). Definitions for part.
7855        Reserved.
7856  Section 123. Section 75E-5-202, which is renumbered from Section 63M-7-506 is renumbered
7857     and amended to read:
7858  [63M-7-506] 75E-5-202 (Effective 07/01/26). Duties of the office.
7859     (1) The office shall:
7860  (a) prescribe policy for the office;
7861  (b) under the direction of the [executive director of the Commission on Criminal and
7862  Juvenile Justice] commissioner, [adopt] make rules to implement and administer this [
7863  part] chapter in accordance with Title 63G, Chapter 3, Utah Administrative
7864  Rulemaking Act, which may include setting [of ]ceilings on [reparations]
7865  compensation, defining [of ]terms not specifically stated in this [part] chapter, and
7866  establishing [of ]rules governing attorney fees;
7867  (c) prescribe forms for applications for [reparations] compensation;
7868  (d) render an annual report to the governor and the Legislature regarding the staff's
7869  activities;
7870  (e) formulate standards for the uniform application of Section [63M-7-509] 75E-5-305,
7871  taking into consideration the rates and amounts of [reparation] compensation payable
7872  for injuries and death under other laws of this state and the United States;
7873  (f) allocate money available in the fund to victims of criminally injurious conduct for [
7874  reparations] compensation claims;
7875  (g) allocate money available to other victim services as provided by administrative rule
7876  made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
7877  once a sufficient reserve has been established for [reparation] compensation claims; [
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7878  and]
7879        (h) as authorized by the [Commission on Criminal and Juvenile Justice] department,
7880  allocate and disburse funds made available to the office by the United States, the
7881  state, foundations, corporations, or other entities or individuals to subgrantees from
7882  private, non-profit, and governmental entities operating qualified statewide assistance
7883  programs[.] ; and
7884        (i) provide educational materials to a law enforcement agency to assist the law
7885  enforcement agency with informing a victim of a sexual assault of the victim's right
7886  to request testing of the victim and of the offender alleged to have committed the
7887  sexual assault as described in Section 53-10-802.
7888    (2) All rules, or other statements of policy, along with application forms specified by the
7889        office, are binding upon the director, the [reparations officers] compensation specialists,
7890        assistance [officers] specialists, and other staff.
7891  Section 124. Section 75E-5-203 is enacted to read:
7892  75E-5-203 (Effective 07/01/26). Director duties and powers.
7893    (1) The director shall:
7894        (a) hire staff, including compensation and assistance specialists, as necessary;
7895        (b) act when necessary as a compensation specialist in deciding an initial compensation
7896  claim;
7897        (c) possess the same investigation and decision-making authority as the compensation
7898  specialists;
7899        (d) hear appeals from the decisions of the compensation specialists, unless the director
7900  acted as a compensation specialist on the initial compensation claim;
7901        (e) serve as the public relations representative of the office;
7902        (f) provide for payment of all administrative salaries, fees, and expenses incurred by the
7903  staff of the office, to be paid out of appropriations from the fund;
7904        (g) cooperate with the state treasurer and the state Division of Finance in causing the
7905  funds in the fund to be invested and the fund's investments sold or exchanged and the
7906  proceeds and income collected;
7907        (h) apply for, receive, allocate, disburse, and account for, subject to approval and in
7908  conformance with policies adopted by the office, all grant funds made available by
7909  the United States, the state, foundations, corporations, and other businesses, agencies,
7910  or individuals;
7911        (i) obtain and utilize the services of other governmental agencies upon request; and
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       S.B. 323  Enrolled Copy
7912  (j) act in any other capacity or perform any other acts necessary for the office to
7913  successfully fulfill the office's statutory duties and objectives.
7914     (2) The director may request assistance from the department, the Commission on Criminal
7915  and Juvenile Justice, the Department of Public Safety, and other state agencies in
7916  conducting research or monitoring victims' programs.
7917  Section 125. Section 75E-5-204, which is renumbered from Section 63M-7-508 is renumbered
7918     and amended to read:
7919  [63M-7-508] 75E-5-204 (Effective 07/01/26). Staff duties.
7920        [The reparations officers shall in addition to any assignments made by the director] In
7921     addition to any assignments made by the director, a compensation specialist shall:
7922     (1) hear and determine all matters relating to a [reparations] compensation claim and
7923  reinvestigate or reopen a [reparations] compensation claim without regard to statutes of
7924  limitation or periods of prescription;
7925     (2) obtain from prosecuting attorneys, law enforcement officers, and other criminal justice
7926  agencies, investigations and data to enable the [reparations officer] compensation
7927  specialist to determine whether and to what extent a claimant qualifies for [reparations]
7928  compensation;
7929     (3) as determined necessary by the [reparations officers] compensation specialist, hold
7930  hearings, administer oaths or affirmations, examine any individual under oath or
7931  affirmation, issue subpoenas requiring the attendance and giving of testimony of
7932  witnesses, require the production of any books, papers, documents, or other evidence
7933  which may contribute to the [reparations officer's] compensation specialist's ability to
7934  determine particular [reparation] compensation awards;
7935     (4) determine who is a victim or dependent;
7936     (5) award [reparations] compensation or other benefits determined to be due under this [part]
7937  chapter and the rules of the office made in accordance with Title 63G, Chapter 3, Utah
7938  Administrative Rulemaking Act;
7939     (6) take notice of judicially recognized facts and general, technical, and scientific facts
7940  within the [reparations officers'] compensation specialist's specialized knowledge;
7941     (7) advise and assist in developing policies recognizing the rights, needs, and interests of
7942  crime victims;
7943     (8) render periodic reports as requested by the Commission on Criminal and Juvenile
7944  Justice concerning:
7945  (a) the [reparations officers'] compensation specialist's activities; and
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       Enrolled Copy  S.B. 323
7946        (b) the manner in which the rights, needs, and interests of crime victims are being
7947  addressed by the state's criminal justice system;
7948    (9) establish priorities for assisting elderly victims of crime or those victims facing
7949        extraordinary hardships;
7950    (10) cooperate with the [State ]Commission on Criminal and Juvenile Justice to develop
7951        information regarding crime victims' problems and programs; and
7952    (11) assist the director in publicizing the provisions of the office, including the procedures
7953        for obtaining [reparation] compensation, and in encouraging law enforcement agencies,
7954        health providers, and other related officials to take reasonable care to ensure that victims
7955        are informed about the provisions of this [part] chapter and the procedure for applying
7956        for [reparation] compensation.
7957  Section 126. Section 75E-5-205, which is renumbered from Section 63M-7-527 is renumbered
7958    and amended to read:
7959  [63M-7-527] 75E-5-205 (Effective 07/01/26). Records -- Requirements for release.
7960    (1) Notwithstanding Title 63G, Chapter 2, Government Records Access and Management
7961        Act, a confidential record, a public restitution record, and a nonpublic restitution record
7962        may only be disclosed as provided in this section.
7963    (2) A confidential record may be provided to:
7964        (a) the claimant who is the subject of the record if the record requested does not contain
7965  mental health treatment information; or
7966        (b) the person who submitted the record to the office.
7967    (3) A confidential record may be used in:
7968        (a) a criminal investigation or prosecution when the office suspects that a [reparations]
7969  compensation claim may be fraudulent; or
7970        (b) a subrogation action brought by the office in accordance with Section [63M-7-519]
7971  75E-5-311.
7972    (4)(a) The office may disclose a public restitution record for the purpose of carrying out
7973        this [part] chapter.
7974        (b) The office shall disclose a public restitution record to the Board of Pardons and
7975  Parole for a restitution matter.
7976    (5)(a) If the office requests restitution in a criminal case and the offender requests a
7977        restitution hearing, the office shall provide a nonpublic restitution record to the court,
7978        the prosecuting attorney, and counsel for the offender.
7979        (b) A person may not:
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       S.B. 323  Enrolled Copy
7980  (i) disseminate a nonpublic restitution record obtained under this Subsection (5); or
7981  (ii) share a nonpublic restitution record with the offender unless the office and
7982  claimant agree, in writing, to the disclosure.
7983     (6) Before the office may disclose a restitution record under Subsection (4) or (5), the office
7984  shall redact:
7985  (a) the name, not including the initials, of a minor or an individual who has been the
7986  victim of a sexual assault;
7987  (b) the contact information of a claimant or a witness, including a physical address,
7988  phone number, or email address;
7989  (c) a claimant's date of birth and social security number; and
7990  (d) any information that would jeopardize the health or safety of a claimant.
7991  Section 127. Section 75E-5-206, which is renumbered from Section 63M-7-515 is renumbered
7992     and amended to read:
7993  [63M-7-515] 75E-5-206 (Effective 07/01/26). Rulemaking -- Exemption from
7994     Administrative Procedures Act.
7995     (1) [Rules for procedures for contested determinations by a reparations officer shall be
7996  adopted ] The office shall make, in accordance with Title 63G, Chapter 3, Utah
7997  Administrative Rulemaking Act, rules for procedures for contested determinations by a
7998  compensation specialist.
7999     (2) The office is exempt from Title 63G, Chapter 4, Administrative Procedures Act.
8000  Section 128. Section 75E-5-301 is enacted to read:
8001  Part 3. Victim Compensation
8002  75E-5-301 (Effective 07/01/26). Definitions for part.
8003        Reserved.
8004  Section 129. Section 75E-5-302, which is renumbered from Section 63M-7-526 is renumbered
8005     and amended to read:
8006  [63M-7-526] 75E-5-302 (Effective 07/01/26). Crime Victim Compensation Fund.
8007     (1)(a) There is created an expendable special revenue fund known as the "Crime Victim [
8008  Reparations] Compensation Fund" to be administered and distributed as provided in
8009  this section by the office in cooperation with the Division of Finance.
8010  (b) The fund shall consist of:
8011  (i) appropriations by the Legislature; and
8012  (ii) funds collected under Subsections (2) and (3).
8013  (c) Money deposited in this fund is for victim [reparations] compensation, other victim
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       Enrolled Copy  S.B. 323
8014  services, and, as appropriated, for administrative costs of the office.
8015    (2)(a) A percentage of the income earned by inmates working for correctional industries
8016        in a federally certified [private sector/prison industries] private sector prison industries
8017        enhancement program shall be deposited in the fund.
8018        (b) The percentage of income deducted from inmate pay under Subsection (2)(a) shall be
8019  determined by the executive director of the Department of Corrections in accordance
8020  with the requirements of the [private sector/prison industries] private sector prison
8021  industries enhancement program.
8022    (3)(a) Judges are encouraged to, and may in their discretion, impose additional [
8023        reparations] compensation to be paid into the fund by convicted criminals.
8024        (b) The additional discretionary [reparations] compensation may not exceed the statutory
8025  maximum fine permitted by [Title 76, Utah Criminal Code] Title 76, Criminal
8026  Offenses, for that offense.
8027  Section 130. Section 75E-5-303, which is renumbered from Section 63M-7-525 is renumbered
8028    and amended to read:
8029  [63M-7-525] 75E-5-303 (Effective 07/01/26). Compensation award -- No right of
8030    action.
8031    [(1)(a) The purpose of the office is to assist victims of criminally injurious conduct who
8032        may be eligible for assistance from the fund.]
8033        [(b) Reparation to a victim under this part is limited to the money available in the fund.]
8034    [(2)(a) The assistance program described in Subsection (1) is not an entitlement
8035        program. ]
8036        [(b) A reparations award may be limited or denied as determined appropriate by the
8037  office.]
8038    (1) Compensation to a victim under this chapter is:
8039        (a) limited to the money available in the fund; and
8040        (b) not an entitlement program.
8041    [(c)] (2) Failure to grant a [reparations] compensation award does not create a [cause] right of
8042        action against the office, the state, or any of [its] the state's subdivisions[ and there ] .
8043    (3) There is no right to judicial review over the decision of whether[ or not] to grant a [
8044        reparations] compensation award.
8045    [(3) A cause of action based on a failure to give or receive the notice required by this part
8046        does not accrue to any person against the state, any of its agencies or local subdivisions,
8047        any of their law enforcement officers or other agents or employees, or any health care or
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       S.B. 323  Enrolled Copy
8048  medical provider or its agents or employees nor does it affect or alter any requirement
8049  for filing or payment of a reparations claim.]
8050     (4) Failure to give or receive the notice required by this chapter does not:
8051  (a) create a cause of action against:
8052  (i) the state;
8053  (ii) a state agency or local subdivision;
8054  (iii) a law enforcement officer, agent, or employee of the state or local subdivision;
8055  (iv) a health care or medical provider; or
8056  (v) an agent or employee of a health care or medical provider; or
8057  (b) affect or alter a requirement for filing or paying a compensation claim.
8058  Section 131. Section 75E-5-304, which is renumbered from Section 63M-7-503 is renumbered
8059     and amended to read:
8060  [63M-7-503] 75E-5-304 (Effective 07/01/26). Compensation not to supplant
8061     restitution -- Assignment of claim for restitution judgment to Compensation Office.
8062     (1)(a) A [reparations] compensation award may not supplant an order for restitution
8063  under Title 77, Chapter 38b, Crime Victims Restitution Act, or under any other
8064  provision of law.
8065  (b) An order for restitution may not be considered readily available as a collateral source
8066  for a compensation award granted under this chapter.
8067  (c) Receipt of a compensation award under this chapter is considered an assignment of
8068  the victim's rights to restitution from the offender.
8069     (2) The court may not reduce an order for restitution based on a [reparations] compensation
8070  award.
8071     (3)(a)(i) If a victim receives a [reparations] compensation award and the office is
8072  assigned the victim's claim for restitution, or a portion of the victim's claim for
8073  restitution, under Section [63M-7-519] 75E-5-311, the office may file with the
8074  sentencing court a notice of restitution listing the amounts or estimated future
8075  amounts of payments made or anticipated to be made to or on behalf of the victim.
8076  (ii) The office may provide a notice of restitution to the victim or victim's
8077  representative before or at sentencing.
8078  (iii) The office's failure to provide notice under Subsection (3)(a)(i) or (ii) does not
8079  invalidate the imposition of the judgment or an order for restitution if the
8080  defendant is given the opportunity to object and be heard as provided in this [part]
8081  chapter.
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       Enrolled Copy  S.B. 323
8082        (b)(i) Any objection by the defendant to the imposition or amount of restitution under
8083  Subsection (3)(a)(i) shall be:
8084  (A) made at the time of sentencing; or
8085  (B) made in writing within 20 days after the day on which the defendant receives
8086  the notice described in Subsection (3)(a) and filed with the court and a copy
8087  mailed to the office.
8088  (ii) Upon an objection, the court shall allow the defendant a hearing on the issue.
8089  (iii) After a hearing under Subsection (3)(b)(ii), the court shall:
8090  (A) enter an order for restitution in accordance with Section 77-38b-205; and
8091  (B) identify the office as an assignee for the order for restitution.
8092  (iv) Subject to the right of the defendant to object, the amount of restitution sought by
8093  the office may be updated and the office identified as an assignee of an order for
8094  restitution in accordance with the time periods established under Section
8095  77-38b-205.
8096    (4) If no objection is made or filed by the defendant under Subsection (3), the court shall
8097        upon conviction and sentencing:
8098        (a) enter an order for restitution in accordance with Section 77-38b-205; and
8099        (b) identify the office as an assignee for the order for restitution.
8100    (5)(a) If the notice of restitution is filed after sentencing but during the term of probation
8101        or parole, the court shall:
8102  (i) modify any order for restitution to include expenses paid by the office on behalf of
8103  the victim in accordance with Section 77-38b-205; and
8104  (ii) identify the office as an assignee of the order for restitution.
8105        (b) If an order for restitution has not been entered, the court shall:
8106  (i) enter an order for restitution in accordance with Section 77-38b-205; and
8107  (ii) identify the office as an assignee of the order for restitution.
8108  Section 132. Section 75E-5-305, which is renumbered from Section 63M-7-509 is renumbered
8109    and amended to read:
8110  [63M-7-509] 75E-5-305 (Effective 07/01/26). Grounds for eligibility.
8111    (1) A victim is eligible for a [reparations] compensation award under this [part] chapter if:
8112        (a) the claimant is:
8113  (i) a victim of criminally injurious conduct;
8114  (ii) a dependent of a deceased victim of criminally injurious conduct; or
8115  (iii) a representative acting on behalf of one of the above;
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8116  (b)(i) the criminally injurious conduct occurred in Utah; or
8117  (ii) the victim is a Utah resident who suffers injury or death as a result of criminally
8118  injurious conduct inflicted in a state, territory, or country that does not provide a
8119  crime victims' compensation program;
8120  (c) the application is made in writing in a form that conforms substantially to that
8121  prescribed by the office;
8122  (d) the criminally injurious conduct is reported to a law enforcement officer, in the law
8123  enforcement officer's capacity as a law enforcement officer, or another federal or
8124  state investigative agency;
8125  (e) the claimant or victim cooperates with the appropriate law enforcement agencies and
8126  prosecuting attorneys in efforts to apprehend or convict the perpetrator of the alleged
8127  offense; and
8128  (f) the criminally injurious conduct occurred after December 31, 1986.
8129     (2) A [reparations] compensation award may be made to a victim regardless of whether any
8130  individual is arrested, prosecuted, or convicted of the criminally injurious conduct
8131  giving rise to a [reparations] compensation claim.
8132     (3)(a) Notwithstanding the requirements of Subsections (1)(d) and (e), a victim of sexual
8133  assault is not required to report the sexual assault to a law enforcement officer or
8134  another federal or state investigative agency or cooperate with the appropriate law
8135  enforcement agencies and prosecuting attorneys to be eligible for a [reparations]
8136  compensation award under this section if:
8137  (i) the victim seeks assistance from an advocacy services provider, a criminal justice[ ]
8138  system victim advocate, or a nongovernment organization victim advocate; and
8139  (ii) the advocacy services provider, the criminal justice system victim advocate, or
8140  the nongovernment organization victim advocate completes a questionnaire,
8141  provided by the office, regarding the sexual assault.
8142  (b) Notwithstanding the requirement of Subsection (1)(e), a victim who has suffered
8143  strangulation in the course of interpersonal violence is not required to cooperate with
8144  the appropriate law enforcement agencies and prosecuting attorneys to be eligible for
8145  a [reparations] compensation award under this section if the victim:
8146  (i) reports the strangulation to a law enforcement officer or another federal or state
8147  investigative agency after the strangulation occurs; or
8148  (ii) seeks medical care for the strangulation immediately after the strangulation
8149  occurs.
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8150  Section 133. Section 75E-5-306, which is renumbered from Section 63M-7-510 is renumbered
8151    and amended to read:
8152  [63M-7-510] 75E-5-306 (Effective 07/01/26). Ineligible individuals -- Fraudulent
8153    compensation claims -- Penalties.
8154    (1) The following individuals are not eligible to receive a [reparations] compensation award:
8155        (a) an individual who does not meet all of the provisions set forth in Section [63M-7-509]
8156  75E-5-305;
8157        (b) the offender;
8158        (c) an accomplice of the offender;
8159        (d) an individual whose receipt of a [reparations] compensation award would unjustly
8160  benefit the offender, accomplice, or another individual reasonably suspected of
8161  participating in the offense;
8162        (e) the victim of a motor vehicle injury who was the owner or operator of the motor
8163  vehicle and was not at the time of the injury in compliance with the state motor
8164  vehicle insurance laws;
8165        (f) a convicted offender serving a sentence of imprisonment in any prison or jail or
8166  residing in any other correctional facility;
8167        (g) an individual who is on probation or parole if the circumstances surrounding the
8168  offense of which the individual is a victim is a violation of the individual's probation
8169  or parole;
8170        (h) an individual whose injuries are the result of criminally injurious conduct that
8171  occurred in a prison, jail, or another correctional facility while the individual was
8172  incarcerated; and
8173        (i) an individual who:
8174  (i) submits a fraudulent claim; or
8175  (ii) misrepresents a material fact in requesting a [reparations] compensation award.
8176    (2)(a) An individual may not knowingly:
8177  (i) submit a fraudulent claim; or
8178  (ii) misrepresent a material fact in requesting a [reparations] compensation award.
8179        (b) A violation of Subsection (2)(a) is:
8180  (i) a class B misdemeanor if:
8181  (A) the individual who violates Subsection (2)(a) does not receive a [reparations]
8182  compensation award; or
8183  (B) the value of the [reparations] compensation award received is less than $500;
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8184  (ii) a class A misdemeanor if the value of the [reparations] compensation award
8185  received is or exceeds $500 but is less than $1,500;
8186  (iii) a third degree felony if the value of the [reparations] compensation award
8187  received is or exceeds $1,500 but is less than $5,000; and
8188  (iv) a second degree felony if the value of the [reparations] compensation award
8189  received is or exceeds $5,000.
8190     (3) The [state ]attorney general may prosecute violations under this section or may make
8191  arrangements with county or city attorneys for the prosecution of violations under this
8192  section when the attorney general cannot conveniently prosecute.
8193     (4)(a) A claimant who is not eligible to receive a [reparations] compensation award under
8194  Subsection (1) but receives a [reparations] compensation award shall reimburse the
8195  fund for the amount of the [reparations] compensation award.
8196  (b) The office may bring a civil action against a victim who does not reimburse the fund
8197  for the amount of the [reparations] compensation award in accordance with
8198  Subsection (4)(a).
8199  Section 134. Section 75E-5-307, which is renumbered from Section 63M-7-517 is renumbered
8200     and amended to read:
8201  [63M-7-517] 75E-5-307 (Effective 07/01/26). Compensation award process --
8202     Additional testing -- Failure to comply -- Waiver of privilege.
8203     (1)(a) If the mental, physical, or emotional condition of a victim is material to a [
8204  reparations] compensation claim, the [reparations officer] compensation specialist,
8205  director, or the assistant director [reparations] compensation program manager who
8206  hears the [reparations] compensation claim or the appeal may order the claimant to
8207  submit to a mental or physical examination by a physician or psychologist and may
8208  recommend to the court to order an autopsy of a deceased victim.
8209  [(2)] (b) The court may order an additional examination for good cause shown and shall
8210  provide notice to the individual to be examined and the individual's representative.
8211  [(3)] (c) All reports from additional examinations shall set out findings, including results
8212  of all tests made, diagnoses, prognoses, other conclusions, and reports of earlier
8213  examinations of the same conditions.
8214  [(4)] (d) A copy of the report shall be made available to the victim or the representative
8215  of the victim unless dissemination of that copy is prohibited by law.
8216     (2) If an individual refuses to comply with an order under this chapter or asserts a privilege,
8217  except privileges arising from the attorney-client relationship, to withhold or suppress
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       Enrolled Copy  S.B. 323
8218        evidence relevant to a compensation claim, the director or compensation specialist may
8219        make any appropriate determination, including denial of the compensation claim.
8220    (3)(a) A victim who is a claimant waives any privilege as to communications or records
8221        relevant to an issue of the physical, mental, or emotional conditions of the victim
8222        except for the attorney-client privilege.
8223        (b) The waiver described in Subsection (3)(a) applies only to compensation specialists,
8224  the director, the assistant director compensation program manager, and legal counsel.
8225        (c) A claimant may be required to supply any additional medical or psychological
8226  reports available relating to the injury or death for which compensation is claimed.
8227        (d) The compensation specialist hearing a compensation claim or an appeal from a
8228  compensation claim shall make available to the claimant a copy of the report.
8229        (e) If the victim is deceased, the director or the director's appointee, on request, shall
8230  furnish the claimant a copy of the report unless dissemination of that copy is
8231  prohibited by law.
8232  Section 135. Section 75E-5-308, which is renumbered from Section 63M-7-529 is renumbered
8233    and amended to read:
8234  [63M-7-529] 75E-5-308 (Effective 07/01/26). Determination of eligibility for
8235    victim compensation -- Law enforcement agency to provide investigative reports --
8236    Restrictions on usage -- Criminal penalty.
8237    (1)(a) Notwithstanding Section 63G-2-206, and subject to Subsection (1)(c), a law
8238        enforcement agency shall provide a copy of an investigative report that describes the
8239        facts and circumstances of a criminal episode within 10 business days of the date the
8240        law enforcement agency receives a request for that information from the office.
8241        (b) Before releasing an investigative report, the law enforcement agency may redact the
8242  following information:
8243  (i) the name of:
8244  (A) an undercover officer; or
8245  (B) a confidential informant; and
8246  (ii) any information that would:
8247  (A) jeopardize the investigation; or
8248  (B) disclose law enforcement techniques not generally known to the public.
8249        (c) If a criminal episode remains under investigation when the office requests an
8250  investigative report and the law enforcement agency determines that release of an
8251  investigative report at that time would jeopardize the investigation, a law
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       S.B. 323  Enrolled Copy
8252  enforcement agency may provide a detailed description of the following information,
8253  instead of providing an investigative report, within 10 business days of the date the
8254  law enforcement agency received the original request from the office:
8255  (i) the law enforcement agency's case number;
8256  (ii) the location where the criminal episode occurred;
8257  (iii) the criminal conduct under investigation;
8258  (iv) a summary of the criminal episode;
8259  (v) verification that the claimant is a victim of the criminal conduct;
8260  (vi) any information regarding whether the claimant's conduct may have contributed
8261  to the criminal conduct; and
8262  (vii) whether the claimant was and continues to be cooperative with law enforcement.
8263  (d) An investigative report provided under Subsection (1)(a), or information provided
8264  under Subsection (1)(c), shall contain sufficient information for the office to
8265  determine whether a claimant is eligible for a [reparations] compensation award under
8266  Sections [63M-7-509] 75E-5-305 and [63M-7-510] 75E-5-306.
8267  (e) If an investigative report or information provided to the office by a law enforcement
8268  agency is not sufficient for the office to determine whether a claimant is eligible for a [
8269  reparations] compensation award, the office may contact the law enforcement agency
8270  for additional information.
8271  (f)(i) A law enforcement agency may give written notice that a request may take up
8272  to an additional 10 business days to process if exigent circumstances exist, which
8273  include:
8274  (A) a circumstance [where] in which another agency is using relevant documents;
8275  (B) a circumstance in which the request requires review of a voluminous amount
8276  of documents;
8277  (C) a circumstance in which the request requires legal review;
8278  (D) a circumstance in which the request requires extensive redaction;
8279  (E) a circumstance in which the law enforcement agency is currently processing
8280  multiple requests; or
8281  (F) any other exigent [circumstances] circumstance.
8282  (ii) Notice of an extended response time shall include the type of exigent
8283  circumstances involved and the new due date for the response.
8284     (2)(a) An investigative report provided under this section may only be used for the
8285  purpose of carrying out the provisions of this [part] chapter.
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       Enrolled Copy  S.B. 323
8286        (b) An investigative report received under this section:
8287  (i) may only be viewed by the office and legal counsel for the office; and
8288  (ii) may not be further disclosed or disseminated for any reason.
8289    (3) The office shall dispose of or retain an investigative report received under this section in
8290        a secure manner.
8291    (4) An investigative report provided to the office under this section is not subject to the
8292        provisions of Title 63G, Chapter 2, Government Records Access and Management Act.
8293    (5) A public employee or other person who knowingly or intentionally uses or distributes
8294        an investigative report, or information received from an investigative report, in violation
8295        of the requirements of Subsection (2) is guilty of a class B misdemeanor.
8296  Section 136. Section 75E-5-309, which is renumbered from Section 63M-7-511 is renumbered
8297    and amended to read:
8298  [63M-7-511] 75E-5-309 (Effective 07/01/26). When a compensation award may
8299    be granted -- Limitations.
8300       [A reparations award under this part may be made if:]
8301    (1) The office may grant a compensation award if:
8302        [(1)] (a) the [reparations officer] compensation specialist finds the [reparations]
8303  compensation claim satisfies the requirements for the [reparations] compensation
8304  award under the provisions of this [part] chapter and the rules of the office;
8305        [(2)] (b) money is available in the fund;
8306        [(3)] (c) the individual for whom the [reparations] compensation award is to be paid is
8307  otherwise eligible under this [part] chapter; and
8308        [(4)] (d) the [reparations] compensation claim is for an allowable expense incurred by the
8309  victim, as follows:
8310  [(a)] (i) reasonable and necessary charges incurred for products, services, and
8311  accommodations;
8312  [(b)] (ii) inpatient and outpatient medical treatment and physical therapy, subject to
8313  rules made by the office in accordance with Title 63G, Chapter 3, Utah
8314  Administrative Rulemaking Act;
8315  [(c)] (iii) mental health counseling that:
8316  [(i)] (A) is set forth in a mental health treatment plan that is approved before any
8317  payment is made by a [reparations officer] compensation specialist; and
8318  [(ii)] (B) qualifies within any further rules made by the office in accordance with
8319  Title 63G, Chapter 3, Utah Administrative Rulemaking Act;
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       S.B. 323  Enrolled Copy
8320  [(d)] (iv) actual loss of past earnings and anticipated loss of future earnings because of
8321  a death or disability resulting from the personal injury at a rate not to exceed
8322  66-2/3% of the individual's weekly gross salary or wages or the maximum amount
8323  allowed under the state workers' compensation statute;
8324  [(e)] (v) care of minor children enabling a victim or spouse of a victim, but not both,
8325  to continue gainful employment at a rate per child per week as determined under
8326  rules established by the office in accordance with Title 63G, Chapter 3, Utah
8327  Administrative Rulemaking Act;
8328  [(f)] (vi) funeral and burial expenses for death caused by the criminally injurious
8329  conduct, subject to rules made by the office in accordance with Title 63G, Chapter
8330  3, Utah Administrative Rulemaking Act;
8331  [(g)] (vii) loss of support to a dependent not otherwise compensated for a pecuniary
8332  loss for personal injury, for as long as the dependence would have existed had the
8333  victim survived, at a rate not to exceed 66-2/3% of the individual's weekly salary
8334  or wages or the maximum amount allowed under the state workers' compensation
8335  statute, whichever is less;
8336  [(h)] (viii) personal property necessary and essential to the health or safety of the
8337  victim as defined by rules made by the office in accordance with Title 63G,
8338  Chapter 3, Utah Administrative Rulemaking Act;
8339  [(i)] (ix) medical examinations, subject to rules made by the office in accordance with
8340  Title 63G, Chapter 3, Utah Administrative Rulemaking Act, which may allow for
8341  exemptions from [Sections 63M-7-509, 63M-7-512, and 63M-7-513] Section
8342  75E-5-305 and Subsections (2), 75E-5-304(1)(b), 75E-5-304(1)(c), 75E-5-311(4),
8343  75E-5-311(6), 75E-5-311(7), and 75E-5-311(8); and
8344  [(j)] (x) for a victim of sexual assault who becomes pregnant from the sexual assault,
8345  health care:
8346  [(i)] (A) for the victim during the duration of the victim's pregnancy if the health
8347  care is related to or resulting from the sexual assault or the pregnancy; and
8348  [(ii)] (B) for the victim and the victim's child for one year after the day on which
8349  the victim's child is born.
8350     (2)(a) The office may reduce or deny a compensation award otherwise payable to a
8351  claimant if:
8352  (i) the economic loss upon which the claim is based has been or could be recouped
8353  from other persons, including collateral sources;
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       Enrolled Copy  S.B. 323
8354  (ii) the compensation specialist considers the compensation claim unreasonable
8355  because of the misconduct of the claimant; or
8356  (iii) the victim did not use a facility or health care provider that would be covered by
8357  a collateral source.
8358        (b) When two or more dependents are entitled to a compensation award as a result of a
8359  victim's death, the compensation specialist shall apportion the compensation award
8360  among the dependents.
8361    (3)(a) If a compensation specialist determines that a claimant will suffer financial
8362        hardship unless an emergency compensation award is made, and a final
8363        compensation award appears likely, the office may pay an amount to the claimant, to
8364        be deducted from the final compensation award or repaid by and recoverable from
8365        the claimant to the extent that the payment exceeds the final compensation award.
8366        (b) The office may limit emergency compensation awards under Subsection (3)(a) to any
8367  amount the office considers necessary.
8368    (4)(a) Except as provided in Subsection (4)(b), a compensation award may not exceed
8369        $25,000 including any compensation award for a secondary victim.
8370        (b) A compensation award for medical expenses resulting from serious bodily injury or
8371  substantial bodily injury may not exceed $50,000.
8372    (5) Unless otherwise requested by the claimant, the office shall pay a compensation award
8373        for the victim before a compensation award for a secondary victim.
8374    (6) The compensation specialist shall determine the priority of payment among multiple
8375        secondary victims on a single compensation claim.
8376  Section 137. Section 75E-5-310, which is renumbered from Section 63M-7-514 is renumbered
8377    and amended to read:
8378  [63M-7-514] 75E-5-310 (Effective 07/01/26). Notification of claimant --
8379    Suspension of proceedings.
8380    (1)(a) The office shall immediately notify the claimant in writing of a [reparations]
8381        compensation award and shall forward to the Division of Finance a certified copy of
8382        the [reparations] compensation award and a warrant request for the amount of the [
8383        reparations] compensation award.
8384        (b) The Division of Finance shall pay the claimant the amount submitted to the division,
8385  out of the fund.
8386        (c) If money in the fund is temporarily depleted, the office shall place claimants
8387  approved to receive a [reparations] compensation award on a waiting list and provide
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       S.B. 323  Enrolled Copy
8388  the [reparations] compensation awards as funds are available in the order in which the [
8389  reparations] compensation awards are approved.
8390     (2) The [reparations officer] compensation specialist may suspend the proceedings pending
8391  disposition of a criminal prosecution that is commenced or is imminent.
8392  Section 138. Section 75E-5-311, which is renumbered from Section 63M-7-519 is renumbered
8393     and amended to read:
8394  [63M-7-519] 75E-5-311 (Effective 07/01/26). Acceptance of a compensation
8395     award -- Assignment of recovery -- Reimbursement.
8396     (1)(a) By accepting a [reparations] compensation award, [the] a victim:
8397  (i) automatically assigns to the office any claim the victim may have relating to
8398  criminally injurious conduct in the [reparations] compensation claim; and
8399  (ii) is required to reimburse the office if the victim recovers any money relating to the
8400  criminally injurious conduct.
8401  (b) The office's right of assignment and reimbursement under Subsection (1)(a) is
8402  limited to the lesser of:
8403  (i) the amount paid by the office; or
8404  (ii) the amount recovered by the victim from the third party.
8405  (c) The office may be reimbursed under Subsection (1)(a) regardless of whether the
8406  office exercises the office's right of assignment under Subsection (1)(a).
8407     (2) The [executive director of the Commission on Criminal and Juvenile Justice]
8408  commissioner, with the concurrence of the director, may reduce the office's right of
8409  reimbursement if the [executive director] commissioner determines that:
8410  (a) the reduction will benefit the fund; or
8411  (b) the victim has ongoing expenses related to the offense upon which the [reparations]
8412  compensation claim is based and the benefit to the victim of reducing the office's
8413  right of reimbursement exceeds the benefit to the office of receiving full
8414  reimbursement.
8415     (3) The office reserves the right to make a claim for reimbursement on behalf of the victim[
8416  and the victim may not impair the office's claim or the office's right of reimbursement].
8417     (4) The victim may not discharge a claim against an individual or entity without the office's
8418  written permission.
8419     (5) The victim may not impair the office's:
8420  (a) claim; or
8421  (b) right of reimbursement.
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       Enrolled Copy  S.B. 323
8422    (6) The victim shall fully cooperate with the office in pursuing the office's right of
8423        reimbursement, including providing the office with any evidence in the victim's
8424        possession.
8425    (7) The office's right of reimbursement applies regardless of whether the victim is fully
8426        compensated for the victim's losses.
8427    (8) Notwithstanding Subsection 75E-5-309(2)(a)(i), a victim of a sexual offense who
8428        requests testing of the victim's self may be reimbursed for the costs of the HIV test only
8429        as provided in Subsection 53-10-803(4).
8430  Section 139. Section 75E-5-312, which is renumbered from Section 63M-7-521 is renumbered
8431    and amended to read:
8432  [63M-7-521] 75E-5-312 (Effective 07/01/26). Payment of a compensation award
8433    -- Claims against the award -- Review.
8434    (1)(a) Except as provided in Subsection (1)(b), a [reparations officer] compensation
8435        specialist may provide for the payment of a [reparations] compensation award in a
8436        lump sum or in installments.
8437        (b)(i) The [reparations officer] compensation specialist shall pay the part of a [
8438  reparations] compensation award equal to the amount of economic loss accrued to
8439  the date of the [reparations] compensation award in a lump sum.
8440  (ii) A [reparations officer] compensation specialist may not pay allowable expense
8441  that would accrue after an initial [reparations] compensation award is made in a
8442  lump sum.
8443  (iii) Except as provided in Subsection (2), a [reparations officer] compensation
8444  specialist shall award the part of a [reparations] compensation award that may not
8445  be paid in a lump sum under this Subsection (1)(b) in installments.
8446    (2) At the request of the claimant, the [reparations officer] compensation specialist may
8447        convert future economic loss installment payments, other than allowable expense, to a
8448        lump sum payment, discounted to present value, but only upon a finding by the [
8449        reparations officer] compensation specialist that the [reparations] compensation award in
8450        a lump sum will promote the interests of the claimant.
8451    (3)(a) A [reparations] compensation award for future economic loss payable in
8452        installments may be made only for a period for which the [reparations officer]
8453        compensation specialist can reasonably determine future economic loss.
8454        (b) The [reparations officer] compensation specialist may reconsider and modify a [
8455  reparations] compensation award for future economic loss payable in installments,
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       S.B. 323  Enrolled Copy
8456  upon the [reparations officer's] compensation specialist's finding that a material and
8457  substantial change of circumstances has occurred.
8458     (4) A [reparations] compensation award is not subject to execution, attachment, or
8459  garnishment, except that a [reparations] compensation award for allowable expense is not
8460  exempt from a claim of a creditor to the extent that the creditor provided products,
8461  services, or accommodations, the costs of which are included in the [reparations]
8462  compensation award.
8463     (5) An assignment or agreement to assign a [reparations] compensation award for loss
8464  accruing in the future is unenforceable, except:
8465  (a) an assignment of a [reparations] compensation award of [reparations] compensation
8466  for work loss to secure payment of alimony, maintenance, or child support;
8467  (b) an assignment of a [reparations] compensation award for allowable expense to the
8468  extent that the benefits are for the cost of products, services, or accommodations
8469  necessitated by the injury or death on which the [reparations] compensation claim is
8470  based and are provided or to be provided by the assignee; or
8471  (c) an assignment to repay a loan obtained to pay for the obligations or expenses
8472  described in Subsection (5)(a) or (b).
8473     (6)(a) A compensation specialist shall review at least annually every compensation
8474  award being paid in installments.
8475  (b) An order on review of a compensation award does not require refund of amounts
8476  previously paid unless the compensation award was obtained by fraud or a material
8477  mistake of fact.
8478  Section 140. Section 75E-5-313, which is renumbered from Section 63M-7-521.5 is renumbered
8479     and amended to read:
8480  [63M-7-521.5] 75E-5-313 (Effective 07/01/26). Payments to medical service
8481     providers.
8482     (1)(a) Except as provided in Subsection (2), a medical service provider who accepts
8483  payment from the office[ ] :
8484  (i) shall agree to accept payments as payment in full on behalf of the victim or
8485  claimant; and[ ]
8486  (ii) may not attempt to collect further payment from the victim or the claimant for
8487  services for which the office has made payment.
8488  (b) [In the event] If the office is unable to make full payment in accordance with the
8489  office's rules, the medical service provider may collect from the victim or claimant,
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8490  but not more than the amount the provider would have received from the office.
8491    (2)(a) When a medical service provider receives notice that a [reparations] compensation
8492        claim has been filed, the medical service provider may not, before the office
8493        determines whether to issue a [reparations] compensation award, engage in debt
8494        collection for the claim, including:
8495  (i) repeatedly calling or writing to a victim and threatening to refer unpaid health care
8496  costs to a debt collection agency, attorney, or other person for collection; or
8497  (ii) filing for or pursuing a legal remedy for payment of unpaid health care costs.
8498        (b) The statute of limitations for collecting a debt is tolled during the time in which a
8499  request for a [reparations] compensation award is being reviewed by the office.
8500    (3) The office may:
8501        (a) use the fee schedule utilized by the Utah Public Employees Health Plan or any other
8502  fee schedule adopted by the office; and
8503        (b) make rules in accordance with Title 63G, Chapter 3, Utah Administrative
8504  Rulemaking Act, necessary to implement the fee schedule adopted in accordance
8505  with this section.
8506  Section 141. Section 75E-5-314, which is renumbered from Section 63M-7-524 is renumbered
8507    and amended to read:
8508  [63M-7-524] 75E-5-314 (Effective 07/01/26). Attorney fees.
8509    (1) The claims procedures shall be sufficiently simple that the assistance of an attorney is
8510        unnecessary, and no attorney fees may be paid for the assistance of an attorney or any
8511        other representative in filing the [reparations] compensation claim or providing
8512        information to the [reparations officer] compensation specialist.
8513    (2) Attorney fees may be granted in the following circumstances and shall be paid out of
8514        the [reparations] compensation award not to exceed 15% of the amount of the [
8515        reparations] compensation award:
8516        (a) when a [reparations] compensation award is denied and, after a hearing, the decision
8517  to deny is overturned; or
8518        (b) when minor dependents of a deceased victim require assistance in establishing a trust
8519  or determining a guardian.
8520    (3)(a) An attorney or any other person providing assistance in a [reparations]
8521        compensation claim, who contracts for or receives sums not allowed under this [part]
8522        chapter, is guilty of a class B misdemeanor.
8523        (b) This Subsection (3) does not apply to attorneys who assist the victim in filing a civil
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8524  action against the perpetrator.
8525  Section 142. Section 75E-6-101, which is renumbered from Section 63M-7-901 is renumbered
8526     and amended to read:
8527  CHAPTER 6. Victim Services Commission
8528  Part 1. General Provisions
8529  [63M-7-901] 75E-6-101 (Effective 07/01/26). Definitions for chapter.
8530        As used in this [part] chapter:
8531     (1) "Commission" means the [Utah ]Victim Services Commission.
8532     (2) "Criminal justice system victim advocate" means the same as that term is defined in
8533  Section 77-38-403.
8534     (3) "Member" means a member of the [Utah ]Victim Services Commission.
8535     (4) "State domestic violence coalition" means the same as that term is defined in 45 C.F.R.
8536  Sec. 1370.2.
8537     (5) "State sexual assault coalition" means the same as that term is defined in 34 U.S.C. Sec.
8538  12291.
8539     (6) "Tribal coalition" means the same as that term is defined in 34 U.S.C. Sec. 12291.
8540     (7) "Victim Services Restricted Account" means the account created in Section [63M-7-219]
8541  75E-2-305.
8542  Section 143. Section 75E-6-102, which is renumbered from Section 63M-7-902 is renumbered
8543     and amended to read:
8544  [63M-7-902] 75E-6-102 (Effective 07/01/26) (Repealed 07/01/29). Creation --
8545     Membership -- Terms -- Vacancies -- Expenses.
8546     (1) There is created the [Utah ]Victim Services Commission within the [State Commission
8547  on Criminal and Juvenile Justice] department.
8548     (2) The commission is composed of the following members:
8549  (a) the executive director of the [State ]Commission on Criminal and Juvenile Justice or
8550  the executive director's designee;
8551  (b) the director of the [Utah ]Office for Victims of Crime or the director's designee;
8552  (c) the executive director of the Department of Corrections or the executive director's
8553  designee;
8554  (d) the director of the Division of Multicultural Affairs or the director's designee;
8555  (e) the executive director of the state sexual assault coalition for this state or the
8556  executive director's designee;
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8557        (f) the executive director of the state domestic violence coalition for this state or the
8558  executive director's designee;
8559        (g) the executive director of the tribal coalition for this state or the executive director's
8560  designee;
8561        (h) the director of the Children's Justice Center Program in the Office of the Attorney
8562  General or the director's designee;
8563        (i) the attorney general or the attorney general's designee;
8564        (j) the commissioner of the Department of Public Safety or the commissioner's designee;
8565        (k) a criminal justice system [based] victim advocate, appointed by the governor with the
8566  advice and consent of the Senate;
8567        (l) a prosecuting attorney, appointed by the governor with the advice and consent of the
8568  Senate;
8569        (m) a criminal defense attorney, appointed by the governor with the advice and consent
8570  of the Senate;
8571        (n) a law enforcement representative from the Utah Sheriffs Association or Utah Chiefs
8572  of Police Association, appointed by the governor with the advice and consent of the
8573  Senate; and
8574        (o) an individual who is a current representative from the House of Representatives or
8575  senator from the Senate, appointed jointly by the speaker of the House of
8576  Representatives and president of the Senate.
8577    (3)(a) A member appointed under Subsections (2)(k) through (o) shall serve a four-year
8578        term.
8579        (b) A member appointed to serve a four-year term is eligible for reappointment.
8580        (c) The governor's reappointment of a member under Subsections (2)(k) through (n)
8581  shall be made with the advice and consent of the Senate.
8582    (4) When a vacancy occurs in the membership of the commission for any reason, the
8583        applicable appointing authority shall, in accordance with any procedure described in [
8584        Subsection] Subsections (2)(a) through (o), appoint a replacement for the unexpired term.
8585    (5) Except as otherwise provided in Subsection (6), a member may not receive
8586        compensation for the member's service but may receive per diem and reimbursement for
8587        travel expenses incurred as a member at the rates established by:
8588        (a) Section 63A-3-106;
8589        (b) Section 63A-3-107; and
8590        (c) rules made by the Division of Finance [according to] in accordance with Sections
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8591  63A-3-106 and 63A-3-107.
8592     (6) A member may not receive per diem or reimbursement for travel expenses under
8593  Subsection (5) if the member is being paid by a governmental entity while performing
8594  the member's service on the commission.
8595  Section 144. Section 75E-6-103, which is renumbered from Section 63M-7-903 is renumbered
8596     and amended to read:
8597  [63M-7-903] 75E-6-103 (Effective 07/01/26). Chair and vice chair -- Procedure --
8598     Subcommittees.
8599     (1)(a) Except as provided in Subsection (1)(b), the governor shall appoint, with the
8600  advice and consent of the Senate, a chair from among the membership of the
8601  commission.
8602  (b) A member who is a legislator may not be appointed as the chair of the commission.
8603  (c) The chair of the commission shall serve a two-year term.
8604     (2)(a) The members of the commission shall elect a vice chair from among the
8605  membership of the commission.
8606  (b) The vice chair of the commission shall serve a two-year term.
8607  (c) A member who is a legislator may not be elected as the vice chair of the commission.
8608     (3)(a) A majority of the members of the commission constitutes a quorum.
8609  (b) The action of a majority of a quorum constitutes the action of the commission.
8610     (4) The commission shall meet quarterly or more frequently as determined necessary by the
8611  chair.
8612     (5) The commission shall establish:
8613  (a) a subcommittee focused on domestic violence that is co-chaired by:
8614  (i) the executive director of the state domestic violence coalition for this state or the
8615  executive director's designee; and
8616  (ii) the executive director of the tribal coalition for this state or the executive
8617  director's designee;
8618  (b) a subcommittee focused on rape and sexual assault that is co-chaired by:
8619  (i) the executive director of the state sexual assault coalition for this state or the
8620  executive director's designee; and
8621  (ii) the executive director of the tribal coalition for this state or the executive
8622  director's designee;
8623  (c) a subcommittee focused on child abuse that is chaired by the chair of the Children's
8624  Justice Center Standing Committee or the chair's designee;
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8625        (d) a subcommittee focused on multicultural communities with distinct victimization
8626  issues that is chaired by the director of Division of Multicultural Affairs or the
8627  director's designee; and
8628        (e) any other subcommittee as needed to assist the commission in accomplishing the
8629  duties of the commission, including an executive subcommittee.
8630    (6) Except as otherwise provided in Subsection (5), the commission may:
8631        (a) appoint to a subcommittee any member of the commission or any other individual
8632  with subject-matter expertise that is relevant to a subcommittee's focus and purpose;
8633        (b) appoint the chair of any subcommittee; and
8634        (c) establish the focus and purpose of a subcommittee.
8635  Section 145. Section 75E-6-201 is enacted to read:
8636  Part 2. Commission Responsibilities
8637  75E-6-201 (Effective 07/01/26). Definitions for part.
8638       Reserved.
8639  Section 146. Section 75E-6-202, which is renumbered from Section 63M-7-904 is renumbered
8640    and amended to read:
8641  [63M-7-904] 75E-6-202 (Effective 07/01/26). Duties of the commission -- Report.
8642    (1) The commission shall:
8643        (a) advocate for the adoption, repeal, or modification of laws or proposed legislation in
8644  the interest of victims of crime;
8645        (b) make recommendations to the Legislature, the governor, and the Judicial Council on
8646  the following:
8647  (i) enforcing existing rights of victims of crime;
8648  (ii) enhancing rights of victims of crime;
8649  (iii) the role of victims of crime in the criminal justice system;
8650  (iv) victim restitution;
8651  (v) educating and training criminal justice professionals on the rights of victims of
8652  crime; and
8653  (vi) enhancing services to victims of [crimes] crime; and
8654        (c) provide training on the rights of victims of crime.
8655    (2) The commission shall, in partnership with state agencies and organizations, including
8656        the Children's Justice Center Program, the [Utah ]Office for Victims of Crime, and the
8657        Division of Child and Family Services:
8658        (a) review and assess the duties and practices of the [State ]Commission on Criminal and
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8659  Juvenile Justice regarding services and criminal justice policies pertaining to victims;
8660  (b) encourage and facilitate the development and coordination of trauma-informed
8661  services for crime victims throughout the state;
8662  (c) encourage and foster public and private partnerships for the purpose of:
8663  (i) assessing needs for crime victim services throughout the state;
8664  (ii) developing crime victim services and resources throughout the state; and
8665  (iii) coordinating crime victim services and resources throughout the state;
8666  (d) generate unity for ongoing efforts to reduce and eliminate the impact of crime on
8667  victims through a comprehensive and evidence-based prevention, treatment, and
8668  justice strategy;
8669  (e) recommend and support the creation, dissemination, and implementation of statewide
8670  policies and plans to address crimes, including domestic violence, sexual violence,
8671  child abuse, and driving under the influence of drugs and alcohol;
8672  (f) collect information on statewide funding for crime victim services and prevention
8673  efforts, including the sources, disbursement, and outcomes of statewide funding for
8674  crime victim services and prevention efforts;
8675  (g) consider recommendations from any subcommittee of the commission; and
8676  (h) make recommendations regarding:
8677  (i) the duties and practices of the [State Commission on Criminal and Juvenile Justice]
8678  department to ensure that:
8679  (A) crime victims are a vital part of the criminal justice system of the state;
8680  (B) all crime victims and witnesses are treated with dignity, respect, courtesy, and
8681  sensitivity; and
8682  (C) the rights of crime victims and witnesses are honored and protected by law in
8683  a manner no less vigorous than protections afforded to criminal defendants; and
8684  (ii) statewide funding for crime victim services and prevention efforts.
8685     (3) The commission may:
8686  (a) subject to court rules and the governor's approval, advocate in an appellate court on
8687  behalf of a victim of crime;
8688  (b) recommend to the Legislature the services to be funded by the Victim Services
8689  Restricted Account;
8690  (c) make rules in accordance with Title 63G, Chapter 3, Utah Administrative
8691  Rulemaking Act, regarding the process by which a victim, or a representative of a
8692  victim, may submit a complaint alleging a violation of the victim's rights; and
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8693        (d) review any action taken by a victim rights committee created in accordance with
8694  Section [63M-7-1002] 75E-6-302.
8695    (4) The commission shall report the commission's recommendations annually to the
8696        department, the [State ]Commission on Criminal and Juvenile Justice, the governor, the
8697        Judicial Council, the Criminal Justice Appropriations Subcommittee, the Health and
8698        Human Services Interim Committee, the Judiciary Interim Committee, and the Law
8699        Enforcement and Criminal Justice Interim Committee.
8700    (5) When taking an action or making a recommendation, the commission shall respect that
8701        a state agency is bound to follow state law and may have duties or responsibilities
8702        imposed by state law.
8703  Section 147. Section 75E-6-301, which is renumbered from Section 63M-7-1001 is renumbered
8704    and amended to read:
8705  Part 3. Victim Rights Committees
8706  [63M-7-1001] 75E-6-301 (Effective 07/01/26). Definitions for part.
8707       As used in this part:
8708    (1) "Committee" means a victim rights committee established in each judicial district as
8709        described in Section [63M-7-1002] 75E-6-302.
8710    [(2) "Victim Services Commission" means the Utah Victim Services Commission
8711        established in Section 63M-7-902.]
8712    [(3)] (2)(a) "Criminal justice agency" means an agency that is directly involved in the
8713        apprehension, prosecution, incarceration, or supervision of an individual involved in
8714        criminal conduct.
8715        (b) "Criminal justice agency" includes:
8716  (i) a law enforcement agency as defined in Section [63M-7-502] 75E-5-101;
8717  (ii) a prosecuting agency;
8718  (iii) the Department of Corrections created in Section 64-13-2; or
8719  (iv) the Board of Pardons and Parole created in Section 77-27-2.
8720    [(4)] (3) "Member" means an individual appointed to a committee.
8721    [(5)] (4) "Representative of a victim" means the same as that term is defined in Section
8722        77-38-2.
8723    [(6)] (5)(a) "Victim" means an individual against whom criminal conduct has allegedly
8724        been committed.
8725        (b) "Victim" does not include an individual who is an accomplice or codefendant to
8726  criminal conduct.
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8727     [(7)] (6) "Victim advocate" means the same as that term is defined in Section [77-37-403]
8728  77-38-403.
8729     [(8)] (7) "Victim's rights" means the rights afforded to a victim under Title 77, Chapter 37,
8730  Victims' Rights, Title 77, Chapter 38, Crime Victims, and Utah Constitution, Article I,
8731  Section 28.
8732  Section 148. Section 75E-6-302, which is renumbered from Section 63M-7-1002 is renumbered
8733     and amended to read:
8734  [63M-7-1002] 75E-6-302 (Effective 07/01/26). Victim rights committee for each
8735     judicial district -- Members -- Terms.
8736     (1) There is created a victim rights committee in each judicial district of this state.
8737     (2) The [Victim Services Commission] commission shall appoint a chair to serve on each
8738  committee.
8739     (3) The chair shall appoint, with the [Victim Services Commission's] commission's consent,
8740  the following individuals to serve on each committee:
8741  (a) a county or district attorney within the judicial district, or the county or district
8742  attorney's designee;
8743  (b) a municipal attorney within the judicial district, or the municipal attorney's designee;
8744  (c) a sheriff within the judicial district, or the sheriff's designee;
8745  (d) a chief of police within the judicial district, or the chief of police's designee;
8746  (e) a representative of the Division of Adult Probation and Parole created in Section
8747  64-14-202;
8748  (f) a victim advocate; and
8749  (g) any other representative as appropriate.
8750     (4) A member is:
8751  (a) appointed to serve a four-year term; and
8752  (b) eligible for reappointment.
8753     (5) When a vacancy occurs in the membership of a committee for any reason, the
8754  replacement shall be appointed for the remainder of the unexpired term.
8755     (6) A member may not receive compensation or benefits for the member's service, but a
8756  member may receive per diem and travel expenses in accordance with:
8757  (a) Section 63A-3-106;
8758  (b) Section 63A-3-107; and
8759  (c) rules made by the Division of Finance [pursuant to] in accordance with Sections
8760  63A-3-106 and 63A-3-107.
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8761  Section 149. Section 75E-6-303, which is renumbered from Section 63M-7-1003 is renumbered
8762    and amended to read:
8763  [63M-7-1003] 75E-6-303 (Effective 07/01/26). Complaint of violation of victim
8764    rights -- Criminal justice agency policy about complaints.
8765    (1)(a) When a committee receives a complaint, the committee shall review the complaint
8766        to determine whether the complaint alleges a violation of a victim's rights.
8767        (b) If a complaint alleges a violation of a victim's rights in another judicial district, the
8768  committee shall forward the complaint to the judicial district where the violation
8769  allegedly occurred.
8770    (2)(a) If the committee receives a complaint that does not allege a violation of a victim's
8771        rights, the committee shall send a letter to the victim, or the representative of a victim:
8772  (i) explaining that the committee may only address a violation of the victim's rights;
8773  and
8774  (ii) describing any other resources that may be available to the victim or the
8775  representative of the victim.
8776        (b) The committee shall send the letter described in Subsection (2)(a) within 30 days
8777  after the day on which the committee receives the complaint.
8778    (3) If the complaint does allege a violation of a victim's rights, the committee shall forward
8779        a copy of the complaint to the person that is the subject of the complaint.
8780    (4) The committee shall schedule a meeting for the committee to review the complaint as
8781        soon as practicable.
8782    (5) If a criminal justice agency investigates a complaint regarding a violation of a victim's
8783        rights and the committee receives a complaint about the same violation, the criminal
8784        justice agency shall provide the criminal justice agency's investigative findings related to
8785        the complaint to the committee.
8786    (6) After reviewing the complaint and any findings submitted by a criminal justice agency
8787        under Subsection (5), the committee may:
8788        (a) inform the person of a victim's rights and the obligations required by law;
8789        (b) refer the victim, or the representative of a victim, to other resources in the
8790  community; or
8791        (c) inform the victim, or the representative of a victim, of the victim's rights and
8792  remedies described in Title 77, Chapter 37, Victims' Rights, Title 77, Chapter 38,
8793  Crime Victims, and Utah Constitution, Article I, Section 28.
8794    (7) Within 30 days after the day on which the committee meeting is held, the chair of the
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8795  committee shall send a letter to the victim, or the representative of a victim, describing
8796  any action taken by the committee.
8797     (8) A criminal justice agency shall establish a policy for addressing a complaint alleging a
8798  violation of a victim's rights.
8799  Section 150. Section 75E-7-101, which is renumbered from Section 63M-7-701 is renumbered
8800     and amended to read:
8801  CHAPTER 7. Domestic Violence Offender Treatment Board
8802  Part 1. General Provisions
8803  [63M-7-701] 75E-7-101 (Effective 07/01/26) (Repealed 07/01/27). Definitions for
8804     chapter.
8805        As used in this [part] chapter:
8806     (1) "Board" means the Domestic Violence Offender Treatment Board created in Section [
8807  63M-7-702] 75E-7-102.
8808     (2) "Commission" means the [State ]Commission on Criminal and Juvenile Justice created
8809  in Section [63M-7-201] 75E-3-102.
8810  Section 151. Section 75E-7-102, which is renumbered from Section 63M-7-702 is renumbered
8811     and amended to read:
8812  [63M-7-702] 75E-7-102 (Effective 07/01/26) (Repealed 07/01/27). Domestic
8813     Violence Offender Treatment Board -- Creation -- Membership -- Quorum -- Per diem --
8814     Staff support -- Meetings.
8815     (1) There is created within the [commission] department the Domestic Violence Offender
8816  Treatment Board consisting of the following members:
8817  (a) the executive director of the Department of Corrections, or the executive director's
8818  designee;
8819  (b) the executive director of the Department of Health and Human Services, or the
8820  executive director's designee;
8821  (c) one individual who represents a state program that focuses on prevention of injury
8822  and domestic violence appointed by the executive director of the Department of
8823  Health and Human Services;
8824  (d) the commissioner of public safety for the Department of Public Safety, or the
8825  commissioner's designee;
8826  (e) the chair of the [Utah ]Victim Services Commission or the chair's designee;
8827  (f) the director of the [Utah ]Office for Victims of Crime, or the director's designee;
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8828        (g) the chair of the Board of Pardons and Parole, or the chair's designee;
8829        (h) the director of the Division of Juvenile Justice and Youth Services, or the director's
8830  designee;
8831        (i) one individual who represents the Administrative Office of the Courts appointed by
8832  the state court administrator; and
8833        (j) ten individuals appointed by the executive director of the commission, including:
8834  (i) the following four individuals licensed under Title 58, Chapter 60, Mental Health
8835  Professional Practice Act:
8836  (A) a clinical social worker;
8837  (B) a marriage and family therapist;
8838  (C) a professional counselor; and
8839  (D) a psychologist;
8840  (ii) one individual who represents an association of criminal defense attorneys;
8841  (iii) one criminal defense attorney who primarily represents indigent criminal
8842  defendants;
8843  (iv) one individual who represents an association of prosecuting attorneys;
8844  (v) one individual who represents law enforcement;
8845  (vi) one individual who represents an association of criminal justice victim
8846  advocates; and
8847  (vii) one individual who represents a nonprofit organization that provides domestic
8848  violence victim advocate services.
8849    (2)(a) A member may not serve on the board for more than eight consecutive years.
8850        (b) If a vacancy occurs in the membership of the board appointed under Subsection (1),
8851  the member shall be replaced in the same manner in which the original appointment
8852  was made.
8853        (c) A member of the board serves until the member's successor is appointed.
8854    (3) The members of the board shall vote on a chair and co-chair of the board to serve for
8855        two years.
8856    (4)(a) A majority of the board members constitutes a quorum.
8857        (b) The action of a majority of a quorum constitutes an action of the board.
8858    (5) A board member may not receive compensation or benefits for the member's service on
8859        the board, but may receive per diem and reimbursement for travel expenses incurred as a
8860        board member at the rates established by the Division of Finance under:
8861        (a) Sections 63A-3-106 and 63A-3-107; and
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8862  (b) rules made by the Division of Finance under Sections 63A-3-106 and 63A-3-107.
8863     (6) The commission shall provide staff support to the board.
8864     (7) The board shall meet at least quarterly on a date the board sets.
8865  Section 152. Section 75E-7-201 is enacted to read:
8866  Part 2. Board Responsibilities
8867  75E-7-201 (Effective 07/01/26). Definitions for part.
8868        Reserved.
8869  Section 153. Section 75E-7-202, which is renumbered from Section 63M-7-703 is renumbered
8870     and amended to read:
8871  [63M-7-703] 75E-7-202 (Effective 07/01/26) (Repealed 07/01/27). Board duties.
8872     (1) The board shall advise and make recommendations to other councils, boards, and
8873  offices within the [commission] department that address domestic violence.
8874     (2) As part of the board's duties under Subsection (1), the board shall:
8875  (a) research standardized procedures and methods for intimate partner and domestic
8876  violence offender evaluation, intervention, treatment, and monitoring that prioritize
8877  physical and psychological safety of the victim;
8878  (b) identify and establish best practice standards for intimate partner and domestic
8879  violence evaluation, intervention, treatment, and monitoring that:
8880  (i) are applicable to the state's needs;
8881  (ii) are based on scientific research to address an individual's intimate partner and
8882  domestic violence risk factors; and
8883  (iii) incorporate evidence-based trauma informed care to enhance the quality and
8884  continuity of intervention and treatment;
8885  (c) disseminate the best practice standards described in Subsection (2)(b) to the entities
8886  described in Subsection (1) to be used in the evaluation, intervention, treatment, and
8887  monitoring of intimate partner and domestic violence offenders; and
8888  (d) establish a training and certification program for public and private providers of
8889  intervention and treatment for intimate partner and domestic violence offenders that
8890  requires the public and private providers to:
8891  (i) comply with the best practice standards described in Subsection (2)(b) to obtain
8892  and maintain certification; and
8893  (ii) participate in annual education or training to maintain certification.
8894     (3) The board shall:
8895  (a) monitor the public and private providers who participate in the training and
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8896  certification program described in Subsection (2)(d) to ensure compliance with the
8897  best practice standards and annual education or training described in Subsection (2)(d);
8898  and
8899        (b) annually provide a list of the public and private providers who participated in the
8900  training and certification program described in Subsection (2)(d) and are in
8901  compliance with the requirements described in Subsection (2)(d) to the
8902  Administrative Office of the Courts as a resource for judges and commissioners in
8903  domestic violence cases.
8904  Section 154. Section 75E-8-101, which is renumbered from Section 63M-7-1101 is renumbered
8905    and amended to read:
8906  CHAPTER 8. Prosecutor Conduct Commission
8907  Part 1. General Provisions
8908  [63M-7-1101] 75E-8-101 (Effective 07/01/26). Definitions for chapter.
8909       As used in this [part] chapter:
8910    (1) "Commission" means the Prosecutor Conduct Commission created in Section [
8911        63M-7-1102] 75E-8-102.
8912    (2) "Complaint" means:
8913        (a) a written complaint regarding professional misconduct by a prosecuting attorney; or
8914        (b) an allegation based on reliable information received in any form, from any source,
8915  that alleges, or from which a reasonable inference can be drawn that a prosecuting
8916  attorney has committed professional misconduct.
8917    (3) "Employer" means:
8918        (a) except as provided in Subsection (3)(b), the attorney general, a district attorney, a
8919  county attorney, or a municipal attorney who employs the prosecuting attorney; or
8920        (b) the chief executive officer of the political subdivision that employs the prosecuting
8921  attorney if the prosecuting attorney is a district or county attorney or a municipal
8922  attorney.
8923    (4) "Investigation" means an inquiry into a complaint.
8924    (5) "Knowingly" means taking an action, or failing to take an action, with the knowledge
8925        that the natural or probable consequences are unambiguously prohibited by a legal
8926        obligation or professional standard.
8927    (6) "Legal obligation" means an obligation imposed by the Utah Constitution, the
8928        Constitution of the United States, a statute, a rule of procedure or evidence, or a local
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8929  rule.
8930     (7) "Professional misconduct" means conduct committed in the course of a prosecution of a
8931  felony offense, a class A misdemeanor offense, or a class B misdemeanor offense that:
8932  (a) purposefully, knowingly, or recklessly violated a clear and unambiguous legal
8933  obligation or professional standard for a prosecuting attorney; and
8934  (b) impacted, or reasonably could have impacted, the substantive or procedural due
8935  process rights of an individual.
8936     (8) "Professional standard" means a standard of conduct imposed by the Utah Rules of
8937  Professional Conduct.
8938     (9) "Prosecuting attorney" means an attorney who brings a criminal prosecution or
8939  delinquency proceeding on behalf of this state or a county or municipality of this state.
8940     (10) "Purposefully" means taking an action, or failing to take an action, in order to obtain a
8941  result that is unambiguously prohibited by a legal obligation or professional standard.
8942     (11) "Recklessly" means the conduct is a gross deviation from the standard of conduct for
8943  an objectively reasonable prosecuting attorney:
8944  (a) after considering the nature and the circumstances of a prosecuting attorney's
8945  conduct; and
8946  (b) by taking into account whether the prosecuting attorney knew, or should have known:
8947  (i) based on the prosecuting attorney's experience, of the legal obligation or
8948  professional standard; and
8949  (ii) the prosecuting attorney's conduct was substantially likely to violate a legal
8950  obligation or professional standard.
8951  Section 155. Section 75E-8-102, which is renumbered from Section 63M-7-1102 is renumbered
8952     and amended to read:
8953  [63M-7-1102] 75E-8-102 (Effective 07/01/26). Prosecutor Conduct Commission
8954     -- Members -- Terms -- Compensation -- Staff.
8955     (1) There is created the Prosecutor Conduct Commission within the [State Commission on
8956  Criminal and Juvenile Justice] department.
8957     (2) The commission is composed of six members as follows:
8958  (a) [an assistant attorney general who prosecutes criminal offenses full-time, appointed
8959  by the attorney general with the advice and consent of the Senate;] an attorney
8960  appointed by the attorney general, with the advice and consent of the Senate, who has
8961  experience prosecuting criminal offenses;
8962  (b) [a county or district attorney, or an assistant county or district attorney, who
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8963  prosecutes criminal offenses full-time, appointed by the Statewide Association of
8964  Prosecutors and Public Attorneys with the advice and consent of the Senate;] an
8965  attorney appointed by the Statewide Association of Prosecutors and Public Attorneys,
8966  with the advice and consent of the Senate, who has experience prosecuting criminal
8967  offenses;
8968        (c) [a municipal attorney, or an assistant municipal attorney, who prosecutes criminal
8969  offenses full-time, appointed by the Statewide Association of Prosecutors and Public
8970  Attorneys with the advice and consent of the Senate;] an attorney appointed by the
8971  Statewide Association of Prosecutors and Public Attorneys, with the advice and
8972  consent of the Senate, who has experience prosecuting misdemeanor criminal
8973  offenses;
8974        (d) a retired attorney whose primary caseload as an attorney was criminal defense,
8975  appointed by the [executive director of the Commission on Criminal and Juvenile
8976  Justice] commissioner with the advice and consent of the Senate; and
8977        (e) two retired district or appellate court judges, appointed by the governor with the
8978  advice and consent of the Senate.
8979    (3)(a) Except as provided in Subsection (4), a member appointed under Subsection (2)
8980        shall serve a four-year term.
8981        (b) A member may serve no more than eight years.
8982    (4) At the time of appointment, the terms of commission members shall be staggered so that
8983        approximately half of commission members' terms expire every two years.
8984    (5) When a vacancy occurs in the membership for any reason, the replacement shall be
8985        appointed for the unexpired term by the same appointing authority that appointed the
8986        member creating the vacancy.
8987    (6)(a) Three members of the commission constitutes a quorum.
8988        (b) If a quorum is present, the action of a majority of the quorum constitutes the action
8989  of the commission.
8990    (7)(a) The commission shall annually elect [annually ]a chair from the commission's
8991        membership to serve a two-year term.
8992        (b) A commission member may not serve as chair of the commission for more than three
8993  consecutive terms.
8994    (8) The commission shall establish guidelines and procedures for the disqualification of
8995        any member from consideration of any matter.
8996    (9)(a) A member may not receive compensation or benefits for the member's service, but
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8997  may receive per diem and travel expenses in accordance with:
8998  (i) Section 63A-3-106;
8999  (ii) Section 63A-3-107; and
9000  (iii) rules made by the Division of Finance in accordance with Sections 63A-3-106
9001  and 63A-3-107.
9002  (b) A member may not receive per diem or reimbursement for travel expenses under
9003  Subsection (9)(a) if the member is being paid by a governmental entity while
9004  performing the member's service on the commission.
9005     (10)(a) The executive director of the [State ]Commission on Criminal and Juvenile
9006  Justice shall hire a director to administer and manage the work of the commission.
9007  (b) With approval by the executive director of the [State ]Commission on Criminal and
9008  Juvenile Justice, the director may hire staff to assist the director and commission with
9009  the work of the commission.
9010     (11) The commission and the director of the commission shall coordinate with the [State
9011  Commission on Criminal and Juvenile Justice] department on budget and administrative
9012  support issues for the commission.
9013  Section 156. Section 75E-8-201 is enacted to read:
9014  Part 2. Commission Responsibilities
9015  75E-8-201 (Effective 07/01/26). Definitions for part.
9016        Reserved.
9017  Section 157. Section 75E-8-202, which is renumbered from Section 63M-7-1103 is renumbered
9018     and amended to read:
9019  [63M-7-1103] 75E-8-202 (Effective 07/01/26). Functions and duties of the
9020     commission.
9021     (1) The commission may:
9022  (a) request that members of the public report instances of professional misconduct by a
9023  prosecuting attorney to the commission;
9024  (b) receive, initiate, investigate, or hear complaints as described in Section [63M-7-1104]
9025  75E-8-203;
9026  (c) report professional misconduct as described in Section [63M-7-1105] 75E-8-204; and
9027  (d) gather and publish data on claims of professional misconduct by prosecuting
9028  attorneys in this state.
9029     (2) To enforce the provisions of this [part] chapter, the commission may:
9030  (a) administer an oath or affirmation;
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9031        (b) issue a subpoena, in accordance with the Utah Rules of Civil Procedure, that requires:
9032  (i) the attendance and testimony of a witness; or
9033  (ii) the production of evidence relevant to the investigation; and
9034        (c) take evidence.
9035    (3) A court shall enforce a subpoena issued by the commission, unless the testimony or
9036        evidence sought is privileged or protected information under a law of this state.
9037    (4) The commission shall pay any witness fee, travel expense, mileage, or any other fee
9038        required by the service statutes of the state where the witness or evidence is located.
9039  Section 158. Section 75E-8-203, which is renumbered from Section 63M-7-1104 is renumbered
9040    and amended to read:
9041  [63M-7-1104] 75E-8-203 (Effective 07/01/26). Complaint and investigation
9042    process.
9043    (1)(a) A prosecuting attorney shall report:
9044  (i) any alleged professional misconduct by another prosecuting attorney to that
9045  prosecuting attorney's employer; and
9046  (ii) any statement by a judge or magistrate alleging that another prosecuting attorney
9047  has committed professional misconduct to that prosecuting attorney's employer.
9048        (b) An employer of a prosecuting attorney shall:
9049  (i) investigate any alleged professional misconduct by a prosecuting attorney; and
9050  (ii) submit a complaint regarding the professional misconduct to the commission if
9051  the employer determines that the allegation is substantiated.
9052    (2) An individual may submit a complaint to the commission alleging that a prosecuting
9053        attorney has committed professional misconduct.
9054    (3) On a motion by a member of the commission, the commission may initiate an
9055        investigation of alleged professional misconduct by a prosecuting attorney if the
9056        commission determines that a complaint, if substantiated, would lead to a finding of
9057        professional misconduct by the prosecuting attorney.
9058    (4)(a) The commission may dismiss a complaint at any time if the commission
9059        determines that the complaint lacks merit.
9060        (b) If a complaint submitted by an individual is dismissed, the commission shall notify
9061  the individual who submitted the complaint.
9062    (5) The commission may investigate a complaint even if the prosecuting attorney has
9063        retired or resigned.
9064    (6) If the commission moves to initiate an investigation of alleged professional misconduct
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9065  by a prosecuting attorney, the commission shall:
9066  (a) notify the prosecuting attorney and the prosecuting attorney's employer of the
9067  investigation; and
9068  (b) provide the prosecuting attorney with all information necessary to prepare an
9069  adequate response or defense, including the identity of the complainant.
9070     (7) If the committee dismisses an investigation after notifying the prosecuting attorney as
9071  described in Subsection (4), the commission shall notify the prosecuting attorney of the
9072  dismissal.
9073     (8) A prospective employer may inquire of the commission as to whether there is a pending
9074  investigation against a prosecuting attorney.
9075     (9)(a) In the course of an investigation, the commission may request that the prosecuting
9076  attorney testify before the commission.
9077  (b) The prosecuting attorney's counsel may be present during the prosecuting attorney's
9078  testimony.
9079  (c) The prosecuting attorney may present evidence and material relevant to the
9080  complaint.
9081     (10) A governmental entity may provide the commission with a record as described in
9082  Section 63G-2-206.
9083     (11)(a) A prosecuting agency, and an employee of a prosecuting agency, shall:
9084  (i) cooperate with the commission in an investigation of a prosecuting attorney; and
9085  (ii) respond truthfully to questions posed during the course of an investigation unless:
9086  (A) the information is privileged or protected by statute or court rule; or
9087  (B) the employee asserts the employee's constitutional right to remain silent.
9088  (b) A prosecuting agency may subject an employee to discipline, including termination,
9089  if the employee refuses to cooperate with an investigation by the commission.
9090  (c) The dismissal or demotion of a career service employee under Subsection (11)(b) is
9091  subject to the requirements of Section 63A-17-306.
9092  Section 159. Section 75E-8-204, which is renumbered from Section 63M-7-1105 is renumbered
9093     and amended to read:
9094  [63M-7-1105] 75E-8-204 (Effective 07/01/26). Finding of professional misconduct
9095     -- Reporting of finding.
9096     (1)(a) Upon an investigation under Section [63M-7-1104] 75E-8-203, the commission
9097  may make a finding, by a preponderance of the evidence, that a prosecuting attorney
9098  committed professional misconduct.
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9099        (b) In determining whether a prosecuting attorney committed professional misconduct
9100  under Subsection (1)(a), the commission may consider an affirmative action of the
9101  prosecuting attorney or an action that the prosecuting attorney failed to take.
9102    (2) If the commission finds that a prosecuting attorney committed professional misconduct:
9103        (a) the commission shall notify:
9104  (i) the prosecuting attorney's employer of the commission's finding;
9105  (ii) the appropriate law enforcement agency of the commission's finding if the
9106  professional misconduct is likely a criminal offense; and
9107  (iii) the Office of Professional Conduct of the commission's finding if the
9108  professional misconduct is likely a violation of the Utah Rules of Professional
9109  Conduct; and
9110        (b) the commission may disclose a summary of the commission's investigation and
9111  finding.
9112    (3) Any documents disclosed under Subsection (2) shall maintain the same classification
9113        under Title 63G, Chapter 2, Government Records Access and Management Act.
9114    (4) The commission may not disclose information or evidence under Subsection (2) that is:
9115        (a) protected from disclosure by court order or a legal privilege; or
9116        (b) given after having been issued a warning based on Garrity v. New Jersey, 385 U.S.
9117  493 (1967).
9118    (5) A finding by the commission that a prosecuting attorney committed professional
9119        misconduct may only be made public if:
9120        (a) a governmental entity with a record of the finding is required to make the record
9121  public under Title 63G, Chapter 2, Government Records Access and Management
9122  Act;
9123        (b) the Office of Professional Conduct discloses the commission's finding to the public
9124  due to a disciplinary action against the prosecuting attorney as a result of the
9125  commission's finding; or
9126        (c) a prosecuting agency brings a criminal prosecution against the prosecuting attorney
9127  as a result of the commission's finding.
9128    (6) The commission may not discipline or sanction a prosecuting attorney for any
9129        professional misconduct.
9130  Section 160. Section 75E-8-205, which is renumbered from Section 63M-7-1106 is renumbered
9131    and amended to read:
9132  [63M-7-1106] 75E-8-205 (Effective 07/01/26). Annual reporting requirement to
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       S.B. 323  Enrolled Copy
9133     Legislature.
9134     (1) Before November 1 of each year, the commission shall report to the Commission on
9135  Criminal and Juvenile Justice, the Law Enforcement and Criminal Justice Interim
9136  Committee, and the Judiciary Interim Committee on:
9137  (a) the number of complaints received;
9138  (b) the general nature of the complaints;
9139  (c) the number of complaints dismissed without an investigation;
9140  (d) the number of complaints investigated;
9141  (e) the general findings and outcomes of investigations; and
9142  (f) the name of any prosecuting agency that refused, without reasonable cause, to
9143  cooperate in an investigation by the commission.
9144     (2) The commission may not include any personal identifying information regarding a
9145  prosecuting attorney in a report described in Subsection (1).
9146  Section 161. Section 75E-9-101 is enacted to read:
9147  CHAPTER 9. Indigent Defense Commission
9148  Part 1. General Provisions
9149  75E-9-101 (Effective 07/01/26). Definitions for chapter.
9150        As used in this chapter:
9151     (1) "Account" means the Indigent Defense Resources Restricted Account created in Section
9152  75E-9-202.
9153     (2) "Child welfare case" means a proceeding under Title 80, Chapter 3, Abuse, Neglect, and
9154  Dependency Proceedings, or Title 80, Chapter 4, Termination and Restoration of
9155  Parental Rights.
9156     (3) "Commission" means the Indigent Defense Commission created in Section 75E-9-102.
9157     (4) "Eligible county" means:
9158  (a) a county of the fourth, fifth, or sixth class, as described in Section 17-60-104; or
9159  (b) a county of the third class, as described in Section 17-60-104, if the county of the
9160  third class has no municipality with a population of 100,000 or more.
9161     (5) "Indigent defense resources" means the same as that term is defined in Section
9162  78B-22-102.
9163     (6) "Indigent defense service provider" means the same as that term is defined in Section
9164  78B-22-102.
9165     (7) "Indigent defense services" means the same as that term is defined in Section
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9166        78B-22-102.
9167    (8) "Indigent defense system" means the same as that term is defined in Section 78B-22-102.
9168    (9) "Indigent individual" means the same as that term is defined in Section 78B-22-102.
9169    (10) "Minor" means the same as that term is defined in Section 78B-22-102.
9170    (11) "Office" means the Office of Indigent Defense Services created in Section 75E-10-102.
9171  Section 162. Section 75E-9-102, which is renumbered from Section 78B-22-401 is renumbered
9172    and amended to read:
9173  [78B-22-401] 75E-9-102 (Effective 07/01/26). Indigent Defense Commission --
9174    Creation -- Purpose.
9175    (1) There is created the [Utah ]Indigent Defense Commission within the [State Commission
9176        on Criminal and Juvenile Justice] department.
9177    (2) The purpose of the commission is to assist:
9178        (a) the state in meeting the state's obligations for the provision of indigent defense
9179  services, consistent with the United States Constitution, the Utah Constitution, and
9180  the Utah Code; and
9181        (b) the [Office of Indigent Defense Services, created in Section 78B-22-451,] office with
9182  carrying out the statutory duties assigned to the commission and the [Office of
9183  Indigent Defense Services] office.
9184  Section 163. Section 75E-9-103, which is renumbered from Section 78B-22-402 is renumbered
9185    and amended to read:
9186  [78B-22-402] 75E-9-103 (Effective 07/01/26). Commission members -- Member
9187    qualifications -- Terms -- Vacancy.
9188    (1)(a) The commission is composed of 15 members.
9189        (b) The governor, with the advice and consent of the Senate, and in accordance with
9190  Title 63G, Chapter 24, Part 2, Vacancies, shall appoint the following 11 members:
9191  (i) two practicing criminal defense attorneys [ ]recommended by the Utah
9192  Association of Criminal Defense Lawyers;
9193  (ii) one attorney practicing in juvenile delinquency defense recommended by the
9194  Utah Association of Criminal Defense Lawyers;
9195  (iii) one attorney who represents parents in child welfare cases, recommended by an
9196  entity funded under the Child Welfare Parental Representation Program created in
9197  Section [78B-22-802] 75E-10-502;
9198  (iv) one attorney representing minority interests recommended by the Utah Minority
9199  Bar Association;
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       S.B. 323  Enrolled Copy
9200  (v) one member recommended by the Utah Association of Counties from a county of
9201  the first or second class;
9202  (vi) one member recommended by the Utah Association of Counties from a county of
9203  the third through sixth class;
9204  (vii) a director of a county public defender organization recommended by the Utah
9205  Association of Criminal Defense Lawyers;
9206  (viii) two members recommended by the Utah League of Cities and Towns from [its]
9207  the membership of the Utah League of Cities and Towns; and
9208  (ix) one retired judge recommended by the Judicial Council.
9209  (c) The speaker of the House of Representatives and the president of the Senate shall
9210  appoint two members of the Utah Legislature, one from the House of Representatives
9211  and one from the Senate.
9212  (d) The Judicial Council shall appoint a member from the Administrative Office of the
9213  Courts.
9214  (e) The [executive director of the State Commission on Criminal and Juvenile Justice or
9215  the executive director's] commissioner or the commissioner's designee is a member of
9216  the commission.
9217     (2) A member appointed by the governor shall serve a four-year term, except as provided in
9218  Subsection (3).
9219     (3) The governor shall stagger the initial terms of appointees so that approximately half of
9220  the members appointed by the governor are appointed every two years.
9221     (4) A member appointed to the commission shall[ ] :
9222  (a) have significant experience in[ ] :
9223  (i) indigent criminal defense[ , ] ;
9224  (ii) representing parents in child welfare cases[,] ; or
9225  (iii) [in ]juvenile defense in delinquency [ ]proceedings; or
9226  (b) have otherwise demonstrated a strong commitment to providing effective
9227  representation in indigent defense services.
9228     (5) An individual who is currently employed solely as a criminal prosecuting attorney may
9229  not serve as a member of the commission[ ].
9230     (6) A commission member shall hold office until the member's successor is appointed.
9231     (7) The commission may remove a member for incompetence, dereliction of duty,
9232  malfeasance, misfeasance, or nonfeasance in office, or for any other good cause.
9233     (8) If a vacancy occurs in the membership for any reason, a replacement shall be appointed
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9234        for the remaining unexpired term in the same manner, and in accordance with the same
9235        procedure, as the original appointment.
9236    (9)(a) The commission shall elect annually a chair from the commission's membership to
9237        serve a one-year term.
9238        (b) A commission member may not serve as chair of the commission for more than three
9239  consecutive terms.
9240    (10) A member may not receive compensation or benefits for the member's service, but
9241        may receive per diem and travel expenses in accordance with:
9242        (a) Section 63A-3-106;
9243        (b) Section 63A-3-107; and
9244        (c) rules made by the Division of Finance in accordance with Sections 63A-3-106 and
9245  63A-3-107.
9246    (11)(a) A majority of the members of the commission constitutes a quorum.
9247        (b) If a quorum is present, the action of a majority of the voting members present
9248  constitutes the action of the commission.
9249        (c) A member shall comply with the conflict of interest provisions described in Title
9250  63G, Chapter 24, Part 3, Conflicts of Interest.
9251  Section 164. Section 75E-9-104, which is renumbered from Section 78B-22-404 is renumbered
9252    and amended to read:
9253  [78B-22-404] 75E-9-104 (Effective 07/01/26). Powers and duties of the
9254    commission.
9255    (1) The commission shall:
9256        (a) adopt core principles for an indigent defense system to ensure the effective
9257  representation of indigent individuals consistent with the requirements of the United
9258  States Constitution, the Utah Constitution, and the Utah Code, which principles at a
9259  minimum shall address the following:
9260  (i) an indigent defense system shall ensure that in providing indigent defense services:
9261  (A) an indigent individual receives conflict-free indigent defense services; and
9262  (B) there is a separate contract for each type of indigent defense service; and
9263  (ii) an indigent defense system shall ensure an indigent defense service provider has:
9264  (A) the ability to exercise independent judgment without fear of retaliation and is
9265  free to represent an indigent individual based on the indigent defense service
9266  provider's own independent judgment;
9267  (B) adequate access to indigent defense resources;
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9268  (C) the ability to provide representation to accused individuals in criminal cases at
9269  the critical stages of proceedings, and at all stages to indigent individuals in
9270  juvenile delinquency and child welfare proceedings;
9271  (D) a workload that allows for sufficient time to meet with clients, investigate
9272  cases, file appropriate documents with the courts, and otherwise provide
9273  effective assistance of counsel to each client;
9274  (E) adequate compensation without financial disincentives;
9275  (F) appropriate experience or training in the area for which the indigent defense
9276  service provider is representing indigent individuals;
9277  (G) compensation for legal training and education in the areas of the law relevant
9278  to the types of cases for which the indigent defense service provider is
9279  representing indigent individuals; and
9280  (H) the ability to meet the obligations of the Utah Rules of Professional Conduct,
9281  including expectations on client communications and managing conflicts of
9282  interest;
9283  (b) encourage and aid indigent defense systems in the state in the regionalization of
9284  indigent defense services to provide for effective and efficient representation to the
9285  indigent individuals;
9286  (c) emphasize the importance of ensuring constitutionally effective indigent defense
9287  services;
9288  (d) encourage members of the judiciary to provide input regarding the delivery of
9289  indigent defense services;
9290  (e) oversee individuals and entities involved in providing indigent defense services;
9291  (f) manage county participation in the Indigent Aggravated Murder Defense Fund
9292  created in Section [78B-22-701] 75E-10-402; and
9293  (g) develop and oversee the provision of resources for minors to access legal advice
9294  when considering a nonjudicial adjustment.
9295     (2) The commission may:
9296  (a) make rules in accordance with Title 63G, Chapter 3, Utah Administrative
9297  Rulemaking Act, to carry out the commission's duties under this [part] chapter;
9298  (b) assign duties related to indigent defense services to the office to assist the
9299  commission with the commission's statutory duties;
9300  (c) request supplemental appropriations from the Legislature to address a deficit in the
9301  Indigent Inmate Fund created in Section [78B-22-455] 75E-10-302; and
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9302        (d) request supplemental appropriations from the Legislature to address a deficit in the
9303  Child Welfare Parental Representation Fund created in Section [78B-22-804]
9304  75E-10-504.
9305  Section 165. Section 75E-9-105, which is renumbered from Section 78B-22-407 is renumbered
9306    and amended to read:
9307  [78B-22-407] 75E-9-105 (Effective 07/01/26). Cooperation and participation with
9308    the commission.
9309       Indigent defense systems and indigent defense service providers shall cooperate and
9310    participate with the commission in the collection of data, investigation, audit, and review of
9311    indigent defense services.
9312  Section 166. Section 75E-9-201 is enacted to read:
9313  Part 2. Accounts and Grants
9314  75E-9-201 (Effective 07/01/26). Definitions for part.
9315       Reserved.
9316  Section 167. Section 75E-9-202, which is renumbered from Section 78B-22-405 is renumbered
9317    and amended to read:
9318  [78B-22-405] 75E-9-202 (Effective 07/01/26). Indigent Defense Resources
9319    Restricted Account -- Administration.
9320    (1)(a) There is created within the General Fund a restricted account known as the
9321        "Indigent Defense Resources Restricted Account."
9322        (b) Appropriations from the account are nonlapsing.
9323    (2) The account consists of:
9324        (a) money appropriated by the Legislature based upon recommendations from the
9325  commission consistent with principles of shared state and local funding;
9326        (b) any other money received by the commission from any source to carry out the
9327  purposes of this [part] chapter; and
9328        (c) any interest and earnings from the investment of account money.
9329    (3) The commission shall administer the account and, subject to appropriation, disburse
9330        money from the account for the following purposes:
9331        (a) to establish and maintain a statewide indigent defense data collection system;
9332        (b) to establish and administer a grant program to provide grants of state money and
9333  other money to indigent defense systems as [set forth] described in Section [
9334  78B-22-406] 75E-9-203;
9335        (c) to provide training and continuing legal education for indigent defense service
                                                       - 275 -
       S.B. 323  Enrolled Copy
9336  providers; and
9337  (d) for administrative costs.
9338  Section 168. Section 75E-9-203, which is renumbered from Section 78B-22-406 is renumbered
9339     and amended to read:
9340  [78B-22-406] 75E-9-203 (Effective 07/01/26). Indigent defense services grant
9341     program.
9342     (1) The commission may award grants:
9343  (a) to supplement local spending by an indigent defense system for indigent defense
9344  services; and
9345  (b) for contracts to provide indigent defense services for appeals from juvenile court
9346  proceedings in an eligible county.
9347     (2) The commission may use grant money:
9348  (a) to assist an indigent defense system to provide indigent defense services that meet
9349  the commission's core principles for the effective representation of indigent
9350  individuals;
9351  (b) to establish and maintain local indigent defense data collection systems;
9352  (c) to provide indigent defense services in addition to indigent defense services that are
9353  currently being provided by an indigent defense system;
9354  (d) to provide training and continuing legal education for indigent defense service
9355  providers;
9356  (e) to assist indigent defense systems with appeals from juvenile court proceedings;
9357  (f) to pay for indigent defense resources and costs and expenses for parental
9358  representation attorneys as described in Subsection [78B-22-804(2)] 75E-10-504(2);
9359  and
9360  (g) to reimburse an indigent defense system for the cost of providing indigent defense
9361  services in an action initiated by a private party under Title 80, Chapter 4,
9362  Termination and Restoration of Parental Rights, if the indigent defense system has
9363  complied with the commission's policies and procedures for reimbursement.
9364     (3) To receive a grant from the commission, an indigent defense system shall demonstrate
9365  to the commission's satisfaction that:
9366  (a) the indigent defense system has incurred or reasonably anticipates incurring expenses
9367  for indigent defense services that are in addition to the indigent defense system's
9368  average annual spending on indigent defense services in the three fiscal years
9369  immediately [preceding] before the grant application; and
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       Enrolled Copy  S.B. 323
9370        (b)(i) a grant from the commission is necessary for the indigent defense system to
9371  meet the commission's core principles for the effective representation of indigent
9372  individuals; or
9373  (ii) the indigent defense system shall use the grant in an innovative manner that meets
9374  the commission's core principles for the effective representation of indigent
9375  individuals.
9376    (4) The commission may revoke a grant if an indigent defense system fails to meet
9377        requirements of the grant or any of the commission's core principles for the effective
9378        representation of indigent individuals.
9379  Section 169. Section 75E-10-101 is enacted to read:
9380  CHAPTER 10. Office of Indigent Defense Services
9381  Part 1. General Provisions
9382  75E-10-101 (Effective 07/01/26). Definitions for chapter.
9383       As used in this chapter:
9384    (1) "Child welfare case" means the same as that term is defined in Section 75E-9-101.
9385    (2) "Commission" means the Indigent Defense Commission created in Section 75E-9-102.
9386    (3) "Eligible county" means the same as that term is defined in Section 75E-9-101.
9387    (4) "Executive director" means the executive director of the office appointed under Section
9388        75E-10-103.
9389    (5) "Indigent defense resources" means the same as that term is defined in Section
9390        78B-22-102.
9391    (6) "Indigent defense service provider" means the same as that term is defined in Section
9392        78B-22-102.
9393    (7) "Indigent defense services" means the same as that term is defined in Section
9394        78B-22-102.
9395    (8) "Indigent defense system" means the same as that term is defined in Section 78B-22-102.
9396    (9) "Indigent individual" means the same as that term is defined in Section 78B-22-102.
9397    (10) "Minor" means the same as that term is defined in Section 78B-22-102.
9398    (11) "Office" means the Office of Indigent Defense Services created in Section 75E-10-102.
9399  Section 170. Section 75E-10-102, which is renumbered from Section 78B-22-451 is renumbered
9400    and amended to read:
9401  [78B-22-451] 75E-10-102 (Effective 07/01/26). Office of Indigent Defense
9402    Services -- Creation.
                                                      - 277 -
       S.B. 323  Enrolled Copy
9403        There is created under the commission the Office of Indigent Defense Services.
9404  Section 171. Section 75E-10-103, which is renumbered from Section 78B-22-453 is renumbered
9405     and amended to read:
9406  [78B-22-453] 75E-10-103 (Effective 07/01/26). Executive director --
9407     Qualifications -- Staff.
9408     (1) The commission:
9409  (a) shall appoint the executive director, by a majority vote of the commission, to carry
9410  out the duties of the office described in Section [78B-22-452] 75E-10-202; and
9411  (b) may remove the executive director by majority vote of the commission.
9412     (2) The executive director shall be [ ]an active member of the Utah State Bar [ ]with an
9413  appropriate background and experience to serve as the full-time executive director.
9414     (3) The executive director shall hire staff as necessary to carry out the duties of the office as
9415  described in Section [78B-22-452] 75E-10-202, including:
9416  (a) one individual who is an active member of the Utah State Bar to serve as a full-time
9417  assistant director; and
9418  (b) one individual with data collection and analysis skills.
9419     (4) When appointing the executive director of the office under Subsection (1), the
9420  commission shall give preference to an individual with experience in adult criminal
9421  defense, representing parents in child welfare cases, or in juvenile delinquency defense.
9422     (5) When hiring the assistant director, the executive director shall give preference to an
9423  individual with experience in adult criminal defense, representing parents in child
9424  welfare cases, or in juvenile delinquency defense.
9425  Section 172. Section 75E-10-201 is enacted to read:
9426  Part 2. Office Responsibilities
9427  75E-10-201 (Effective 07/01/26). Definitions for part.
9428        Reserved.
9429  Section 173. Section 75E-10-202, which is renumbered from Section 78B-22-452 is renumbered
9430     and amended to read:
9431  [78B-22-452] 75E-10-202 (Effective 07/01/26). Duties of the office.
9432     (1) The office shall:
9433  (a) establish an annual budget for the office for the Indigent Defense Resources
9434  Restricted Account created in Section [78B-22-405] 75E-9-202;
9435  (b) assist the commission in performing the commission's statutory duties described in [
9436  this chapter] Chapter 9, Indigent Defense Commission;
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       Enrolled Copy  S.B. 323
9437        (c) identify and collect data that is necessary for the commission to:
9438  (i) aid, oversee, and review compliance by indigent defense systems with the
9439  commission's core principles for the effective representation of indigent
9440  individuals; and
9441  (ii) provide reports regarding the operation of the commission and the provision of
9442  indigent defense services by indigent defense systems in the state;
9443        (d) assist indigent defense systems by reviewing contracts and other agreements, to
9444  ensure compliance with the commission's core principles for effective representation
9445  of indigent individuals;
9446        (e) establish procedures for the receipt and acceptance of complaints regarding the
9447  provision of indigent defense services in the state;
9448        (f) establish procedures to award grants to indigent defense systems under Section [
9449  78B-22-406] 75E-9-203 that are consistent with the commission's core principles;
9450        (g) create and enter into contracts consistent with Section [78B-22-454] 75E-10-303 to
9451  provide indigent defense services for an indigent defense inmate who:
9452  (i) is incarcerated in a state prison located in an eligible county;
9453  (ii) is charged with having committed a crime within that state prison; and
9454  (iii) has been appointed counsel in accordance with Section 78B-22-203;
9455        (h) assist the commission in developing and reviewing advisory caseload guidelines and
9456  procedures;
9457        (i) investigate, audit, and review the provision of indigent defense services to ensure
9458  compliance with the commission's core principles for the effective representation of
9459  indigent individuals;
9460        (j) administer the Child Welfare Parental Representation Program in accordance with [
9461  Part 8, Child Welfare Parental Representation Program] Part 5, Child Welfare
9462  Parental Representation Program;
9463        (k) administer the Indigent Aggravated Murder Defense Fund in accordance with [Part
9464  7, Indigent Aggravated Murder Defense Fund] Part 4, Indigent Aggravated Murder
9465  Defense Fund;
9466        (l) assign an indigent defense service provider to represent an individual prosecuted for
9467  aggravated murder in accordance with [Part 7, Indigent Aggravated Murder Defense
9468  Fund] Part 4, Indigent Aggravated Murder Defense Fund;
9469        (m) provide access for a minor to receive legal advice, at no cost, in connection with
9470  considering a nonjudicial adjustment;
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       S.B. 323  Enrolled Copy
9471  (n) annually report to the governor, Legislature, Judiciary Interim Committee, and
9472  Judicial Council, regarding:
9473  (i) the operations of the commission;
9474  (ii) the operations of the indigent defense systems in the state; and
9475  (iii) compliance with the commission's core principles by indigent defense systems
9476  receiving grants from the commission;
9477  (o) submit recommendations to the commission for improving indigent defense services
9478  in the state;
9479  (p) publish an annual report on the commission's website; and
9480  (q) perform all other duties assigned by the commission related to indigent defense
9481  services.
9482     (2) The office may:
9483  (a) enter into contracts and accept, allocate, and administer funds and grants from any
9484  public or private person to accomplish the duties of the office; and
9485  (b) employ or contract with an attorney to provide counsel, at no cost, to any minor
9486  considering a nonjudicial adjustment.
9487     (3) Any contract entered into under this [part] chapter shall require that indigent defense
9488  services are provided in a manner consistent with the commission's core principles
9489  implemented under Section [78B-22-404] 75E-9-104.
9490  Section 174. Section 75E-10-301 is enacted to read:
9491  Part 3. Indigent Inmate Fund
9492  75E-10-301 (Effective 07/01/26). Definitions for part.
9493        As used in this part, "fund" means the Indigent Inmate Fund created in Section
9494     75E-10-302.
9495  Section 175. Section 75E-10-302, which is renumbered from Section 78B-22-455 is renumbered
9496     and amended to read:
9497  [78B-22-455] 75E-10-302 (Effective 07/01/26). Indigent Inmate Fund.
9498     (1) There is created a custodial fund known as the "Indigent Inmate Fund" to be disbursed
9499  by the office in accordance with contracts entered into under Subsection [
9500  78B-22-452(1)(g)] 75E-10-202(1)(g).
9501     (2) Money deposited into this fund shall only be used:
9502  (a) to pay indigent defense services for an indigent inmate who:
9503  (i) is incarcerated in a state prison located in a county of the third, fourth, fifth, or
9504  sixth class as classified under Section 17-60-104;
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       Enrolled Copy  S.B. 323
9505  (ii) is charged with having committed a crime within that state prison; and
9506  (iii) has been appointed counsel in accordance with Section 78B-22-203; and
9507        (b) to cover costs of administering the Indigent Inmate Fund.
9508    (3) The fund consists of:
9509        (a) proceeds received from counties that impose the additional tax levy by ordinance
9510  under Subsection [78B-22-454(4)] 75E-10-303(4), which shall be the total county
9511  obligation for payment of costs listed in Subsection (2) for defense services for
9512  indigent inmates;
9513        (b) appropriations made to the fund by the Legislature; and
9514        (c) interest and earnings from the investment of fund money.
9515    (4) Fund money shall be invested by the state treasurer with the earnings and interest
9516        accruing to the fund.
9517    (5)(a) In any calendar year in which the fund has insufficient funding, or is projected to
9518        have insufficient funding, the commission shall request a supplemental appropriation
9519        from the Legislature in the following general session to provide sufficient funding.
9520        (b) The state shall pay any or all of the reasonable and necessary money to provide
9521  sufficient funding into the [Indigent Inmate Fund] fund.
9522    (6) The fund is capped at $1,000,000.
9523    (7) The office shall notify the contributing counties when the fund approaches $1,000,000
9524        and provide each county with the amount of the balance in the fund.
9525    (8) Upon notification by the office that the fund is near the limit imposed in Subsection (6),
9526        the counties may contribute enough money to enable the fund to reach $1,000,000 and
9527        discontinue contributions until notified by the office that the balance has fallen below
9528        $1,000,000, at which time counties that meet the requirements of Section [78B-22-454]
9529        75E-10-303 shall resume contributions.
9530  Section 176. Section 75E-10-303, which is renumbered from Section 78B-22-454 is renumbered
9531    and amended to read:
9532  [78B-22-454] 75E-10-303 (Effective 07/01/26). Funding for indigent defense
9533    services.
9534    (1) The office shall pay for indigent defense services for indigent inmates from the [
9535        Indigent Inmate Fund created in Section 78B-22-455] fund.
9536    (2) A contract under this [part] chapter shall ensure that indigent defense services are
9537        provided in a manner consistent with the core principles described in Section [
9538        78B-22-404] 75E-9-104.
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       S.B. 323  Enrolled Copy
9539     (3) The county attorney or district attorney of a county of the third, fourth, fifth, or sixth
9540  class shall function as the prosecuting entity.
9541     (4)(a) A county of the third, fourth, fifth, or sixth class where a state prison is located
9542  may impose an additional property tax levy by ordinance at .0001 per dollar of
9543  taxable value in the county.
9544  (b) If the county governing body imposes the additional property tax levy by ordinance,
9545  the revenue shall be deposited into the [Indigent Inmate Fund] fund as provided in
9546  Section [78B-22-455] 75E-10-302 to fund the purposes of this [part] chapter.
9547  (c) Upon notification that the fund has reached the amount specified in Subsection [
9548  78B-22-455(6)] 75E-10-302(6), a county shall deposit revenue derived from the
9549  property tax levy after the county receives the notice into a county account used
9550  exclusively to provide indigent defense services.
9551  (d) A county that chooses not to impose the additional levy by ordinance may not
9552  receive any benefit from the [Indigent Inmate Fund] fund.
9553  Section 177. Section 75E-10-401 is enacted to read:
9554  Part 4. Indigent Aggravated Murder Defense Fund
9555  75E-10-401 (Effective 07/01/26). Definitions for part.
9556        As used in this part:
9557     (1) "Fund" means the Indigent Aggravated Murder Defense Fund created in Section
9558  75E-10-402.
9559     (2) "Participating county" means a county that complies with this part for participation in
9560  the fund.
9561  Section 178. Section 75E-10-402, which is renumbered from Section 78B-22-701 is renumbered
9562     and amended to read:
9563  [78B-22-701] 75E-10-402 (Effective 07/01/26). Establishment of Indigent
9564     Aggravated Murder Defense Fund -- Use of fund -- Compensation for indigent legal
9565     defense from fund.
9566     [(1) As used in this part, "fund" means the Indigent Aggravated Murder Defense Fund.]
9567     [(2)] (1)(a) There is established a custodial fund known as the "Indigent Aggravated
9568  Murder Defense Fund."
9569  (b) The office shall disburse money from the fund at the direction of the commission and
9570  subject to this [chapter] part.
9571     [(3)] (2) The fund consists of:
9572  (a) money received from participating counties as [provided] described in Sections [
                                                        - 282 -
       Enrolled Copy  S.B. 323
9573  78B-22-702] 75E-10-404 and [78B-22-703] 75E-10-405;
9574        (b) appropriations made to the fund by the Legislature as [provided] described in Section [
9575  78B-22-703] 75E-10-405; and
9576        (c) interest and earnings from the investment of fund money.
9577    [(4)] (3) The state treasurer shall invest fund money with the earnings and interest accruing
9578        to the fund.
9579    [(5)] (4) The fund shall be used to fulfill the constitutional and statutory mandates for the
9580        provision of constitutionally effective defense for indigent individuals prosecuted for the
9581        violation of state laws in cases involving aggravated murder.
9582    [(6)] (5) Money allocated to or deposited into the fund is used only:
9583        (a) to pay an indigent defense service provider appointed to represent an individual
9584  prosecuted for aggravated murder;
9585        (b) for defense resources necessary to effectively represent the individual; and
9586        (c) for costs associated with the management of the fund and defense service providers.
9587  Section 179. Section 75E-10-403, which is renumbered from Section 78B-22-701.5 is
        renumbered
9588    and amended to read:
9589  [78B-22-701.5] 75E-10-403 (Effective 07/01/26). Administration of Indigent
9590    Aggravated Murder Defense Fund.
9591    (1) The commission shall establish rules and procedures for[ ] :
9592        (a) the application by a county for disbursements[,] ; and[ ]
9593        (b) the screening and approval of the applications for the money from the fund.
9594    (2) The office shall:
9595        (a) receive, screen, and approve[,] or disapprove the application of a county for
9596  disbursements from the fund;
9597        (b) calculate the amount of the annual contribution to be made to the fund by each
9598  participating county;
9599        (c) prescribe forms for the application for money from the fund;
9600        (d) oversee and approve the disbursement of money from the fund as described in
9601  Section [78B-22-701] 75E-10-402; and
9602        (e) negotiate, enter into, and administer contracts with legal counsel, qualified under and
9603  meeting the standards consistent with this chapter, to provide indigent defense
9604  services to an indigent individual prosecuted in a participating county for an offense
9605  involving aggravated murder.
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       S.B. 323  Enrolled Copy
9606  Section 180. Section 75E-10-404, which is renumbered from Section 78B-22-702 is renumbered
9607     and amended to read:
9608  [78B-22-702] 75E-10-404 (Effective 07/01/26). County participation.
9609     (1)(a) A county may participate in the fund subject to the provisions of this [chapter] part.
9610  (b) A county that does not participate in the fund, or is not current in the county's
9611  assessments for the fund, is ineligible to receive money from the fund.
9612  (c) The commission may revoke a county's participation in the fund if the county fails to
9613  pay the county's assessments when due.
9614     (2) To participate in the fund, the legislative body of a county shall:
9615  (a) adopt a resolution approving participation in the fund and committing that county to
9616  fulfill the assessment requirements [as set forth] described in Subsection (3) and
9617  Section [78B-22-703] 75E-10-405; and
9618  (b) submit a certified copy of that resolution together with an application to the
9619  commission.
9620     (3) [By] On or before January 15 of each year, a participating county shall contribute to the
9621  fund an amount computed in accordance with Section [78B-22-703] 75E-10-405.
9622     (4) A participating county may withdraw from participation in the fund upon:
9623  (a) adoption by the county's legislative body of a resolution to withdraw; and
9624  (b) notice to the commission [by] on or before January 1 of the year before withdrawal.
9625     (5) A county withdrawing from participation in the fund, or whose participation in the fund
9626  has been revoked for failure to pay the county's assessments when due, shall forfeit the
9627  right to:
9628  (a) any previously paid assessment;
9629  (b) relief from the county's obligation to pay the county's assessment during the period
9630  of the county's participation in the fund; and
9631  (c) any benefit from the fund, including reimbursement of costs that accrued after the
9632  last day of the period for which the county has paid the county's assessment.
9633  Section 181. Section 75E-10-405, which is renumbered from Section 78B-22-703 is renumbered
9634     and amended to read:
9635  [78B-22-703] 75E-10-405 (Effective 07/01/26). County and state obligations.
9636     [(1)(a) Except as provided in Subsection (1)(b), a participating county shall pay into the
9637  fund annually an amount calculated by multiplying the average of the percent of the
9638  county's population to the total population of all participating counties and of the
9639  percent of the county's taxable value of the locally and centrally assessed property
                                                        - 284 -
       Enrolled Copy  S.B. 323
9640        located within that county to the total taxable value of the locally and centrally
9641        assessed property to all participating counties by the total fund assessment for that
9642        year to be paid by all participating counties as is determined by the commission to be
9643        sufficient such that it is unlikely that a deficit will occur in the fund in any calendar
9644        year.]
9645    (1)(a) Except as provided in Subsection (1)(b), a participating county shall annually pay
9646        into the fund an amount which the commission determines is sufficient to make a
9647        deficit in any calendar year unlikely, equal to the total fund assessment for that year,
9648        multiplied by the average of:
9649  (i) the percent of the participating county's population to the total population of all
9650  participating counties; and
9651  (ii) the percent of the participating county's taxable value of the locally and centrally
9652  assessed property located within that county to the total taxable value of the
9653  locally and centrally assessed property of all participating counties.
9654        (b) The fund minimum is equal to or greater than 50 cents per [person] individual of all
9655  counties participating.
9656        (c) The amount paid by a participating county under this Subsection (1) is the total
9657  county obligation for payment of costs in accordance with Section [78B-22-701]
9658  75E-10-402.
9659    (2)(a) A county that elects to initiate participation in the fund, or reestablish participation
9660        in the fund after participation was terminated, is required to make an equity payment
9661        in addition to the assessment required by Subsection (1).
9662        (b) The equity payment is determined by the commission and represent what the
9663  county's equity in the fund would be if the county had made assessments into the
9664  fund for each of the previous two years.
9665    (3) If the fund balance after contribution by the state and participating counties is
9666        insufficient to replenish the fund annually to at least $250,000, the commission by a
9667        majority vote may terminate the fund.
9668    (4) If the fund is terminated, the remaining money shall continue to be administered and
9669        disbursed in accordance with the provision of this chapter until exhausted, at which time
9670        the fund shall cease to exist.
9671    (5)(a) If the fund runs a deficit during any calendar year, the state is responsible for the
9672        deficit.
9673        (b) In the calendar year following a deficit year, the commission shall increase the
                                                       - 285 -
       S.B. 323  Enrolled Copy
9674  assessment required by Subsection (1) by an amount at least equal to the deficit of the
9675  previous year, which combined amount becomes the base assessment until another
9676  deficit year occurs.
9677     (6) In a calendar year in which the fund runs a deficit, or is projected to run a deficit, the
9678  commission shall request a supplemental appropriation to pay for the deficit from the
9679  Legislature in the following general session.
9680     (7) The state shall pay any or all of the reasonable and necessary money for the deficit into
9681  the fund.
9682  Section 182. Section 75E-10-406, which is renumbered from Section 78B-22-704 is renumbered
9683     and amended to read:
9684  [78B-22-704] 75E-10-406 (Effective 07/01/26). Application and qualification for
9685     fund money.
9686     (1) A participating county may apply to the office for benefits from the fund if that county
9687  has incurred, or reasonably anticipates incurring, expenses for indigent defense services
9688  provided to an indigent individual for an offense involving aggravated murder.
9689     (2) An application may not be made nor benefits provided from the fund for a case filed
9690  before September 1, 1998.
9691     (3) If the application of a participating county is approved by the office, the office shall
9692  negotiate, enter into, and administer a contract for the cost of indigent defense services
9693  with an attorney or entity appointed to represent the indigent individual.
9694     (4) A nonparticipating county is responsible for paying for indigent defense services in the
9695  nonparticipating county and is not eligible for any legislative relief.
9696  Section 183. Section 75E-10-501, which is renumbered from Section 78B-22-801 is renumbered
9697     and amended to read:
9698  Part 5. Child Welfare Parental Representation Program
9699  [78B-22-801] 75E-10-501 (Effective 07/01/26). Definitions for part.
9700        As used in this part:
9701     (1) "Contracted parental representation attorney" means an attorney who represents an
9702  indigent individual who is a parent in a child welfare case under a contract with the
9703  office or a contributing county.
9704     (2) "Contributing county" means a county that complies with this part for participation in
9705  the fund[ described in Section 78B-22-804].
9706     (3) "Fund" means the Child Welfare Parental Representation Fund created in Section [
9707  78B-22-804] 75E-10-504.
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       Enrolled Copy  S.B. 323
9708    (4) "Program" means the Child Welfare Parental Representation Program created in Section [
9709        78B-22-802] 75E-10-502.
9710  Section 184. Section 75E-10-502, which is renumbered from Section 78B-22-802 is renumbered
9711    and amended to read:
9712  [78B-22-802] 75E-10-502 (Effective 07/01/26). Child Welfare Parental
9713    Representation Program -- Creation -- Duties -- Annual report -- Budget.
9714    (1) There is created within the office the Child Welfare Parental Representation Program.
9715    (2)(a) The office shall:
9716  (i) administer and enforce the program in accordance with this part;
9717  (ii) manage the operation and budget of the program;
9718  (iii) develop and provide educational and training programs for contracted parental
9719  representation attorneys; and
9720  (iv) provide information and advice to assist a contracted parental representation
9721  attorney to comply with the attorney's professional, contractual, and ethical duties.
9722        (b) In administering the program, the office shall contract with:
9723  (i) a person who is qualified to perform the program duties under this section; and
9724  (ii) an attorney, as an independent contractor, in accordance with Section [
9725  78B-22-803] 75E-10-503.
9726    (3)(a) The executive director shall prepare a budget of:
9727  (i) the administrative expenses for the program; and
9728  (ii) the amount estimated to fund needed contracts and other costs.
9729        (b) On or before October 1 of each year, the executive director shall report to the
9730  governor and the Child Welfare Legislative Oversight Panel regarding the preceding
9731  fiscal year on the operations, activities, and goals of the program.
9732  Section 185. Section 75E-10-503, which is renumbered from Section 78B-22-803 is renumbered
9733    and amended to read:
9734  [78B-22-803] 75E-10-503 (Effective 07/01/26). Child welfare parental defense
9735    contracts.
9736    (1)(a) The office may enter into a contract with an attorney to provide indigent defense
9737        services for a parent who is the subject of a petition alleging abuse, neglect, or
9738        dependency, and requires indigent defense services under Section 80-3-104.
9739        (b) The office shall make payment for the representation, costs, and expenses of a
9740  contracted parental representation attorney from the fund in accordance with Section [
9741  78B-22-804] 75E-10-504.
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       S.B. 323  Enrolled Copy
9742     (2)(a) Except as provided in Subsection (2)(b), a contracted parental representation
9743  attorney shall:
9744  (i) complete a basic training course provided by the office;
9745  (ii) provide parental representation services consistent with the commission's core
9746  principles described in Section [78B-22-404] 75E-9-104;
9747  (iii) have experience in child welfare cases; and
9748  (iv) participate each calendar year in continuing legal education courses providing no
9749  fewer than eight hours of instruction in child welfare law.
9750  (b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
9751  commission may, by rule, exempt from the requirements of Subsection (2)(a) an
9752  attorney who has equivalent training or adequate experience.
9753  Section 186. Section 75E-10-504, which is renumbered from Section 78B-22-804 is renumbered
9754     and amended to read:
9755  [78B-22-804] 75E-10-504 (Effective 07/01/26). Child Welfare Parental
9756     Representation Fund -- Contracts for coverage by the fund.
9757     (1) There is created an expendable special revenue fund known as the "Child Welfare
9758  Parental Representation Fund."
9759     (2) Subject to availability, the office may make distributions from the fund for the
9760  following purposes:
9761  (a) to pay for indigent defense resources for contracted parental representation attorneys;
9762  (b) for administrative costs of the program; and
9763  (c) for reasonable expenses directly related to the functioning of the program, including
9764  training and travel expenses.
9765     (3) The fund consists of:
9766  (a) federal funds received by the state as partial reimbursement for amounts expended by
9767  the [Utah Indigent Defense Commission] commission to pay for parental
9768  representation;
9769  (b) appropriations made to the fund by the Legislature;
9770  (c) interest and earnings from the investment of fund money;
9771  (d) proceeds deposited by contributing counties under this section; and
9772  (e) private contributions to the fund.
9773     (4) The state treasurer shall invest the money in the fund by following the procedures and
9774  requirements of Title 51, Chapter 7, State Money Management Act.
9775     (5)(a) If the office anticipates a deficit in the fund during a fiscal year:
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       Enrolled Copy  S.B. 323
9776  (i) the commission may request an appropriation from the Legislature; and
9777  (ii) the Legislature may fund the anticipated deficit through appropriation.
9778        (b) If the anticipated deficit is not funded by the Legislature under Subsection (5)(a), the
9779  office may request an interim assessment from contributing counties as described in
9780  Subsection (6) to fund the anticipated deficit.
9781    (6)(a) A county legislative body and the office may annually enter into a contract for the
9782        office to provide indigent defense services for a parent in a child welfare case in the
9783        county out of the fund.
9784        (b) A contract described in Subsection (6)(a) shall:
9785  (i) require the contributing county described in Subsection (6)(a) to pay into the fund
9786  an amount defined by a formula established by the commission; and
9787  (ii) provide for revocation of the contract for the contributing county's failure to pay
9788  the assessment described in Subsection (5) on the due date established by the
9789  commission.
9790    (7) After the first year of operation of the fund, a contributing county that enters into a
9791        contract under Subsection (6) to initiate or reestablish participation in the fund is
9792        required to make an equity payment in the amount determined by the commission, in
9793        addition to the assessment described in Subsection (5).
9794    (8) A contributing county that withdraws from participation in the fund, or whose
9795        participation in the fund is revoked as described in Subsection (6) for failure to pay the
9796        contributing county's assessment when due, shall forfeit any right to any previously paid
9797        assessment by the contributing county or coverage from the fund.
9798  Section 187. Section 75E-10-505, which is renumbered from Section 78B-22-805 is renumbered
9799    and amended to read:
9800  [78B-22-805] 75E-10-505 (Effective 07/01/26) (Repealed 12/31/26).
9801    Interdisciplinary Parental Representation Pilot Program.
9802    (1) As used in this section:
9803        (a) "Parental representation liaison" means an individual who has a bachelor's or
9804  graduate degree in social work, sociology, psychology, human services, or a closely
9805  related field.
9806        (b) "Program" means the Interdisciplinary Parental Representation Pilot Program created
9807  in this section.
9808    (2)(a) There is created within the commission the Interdisciplinary Parental
9809        Representation Pilot Program.
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       S.B. 323  Enrolled Copy
9810  (b) The purpose of the program is to enhance the legal representation of a parent in a
9811  child welfare case by including a parental representation liaison as a member of the
9812  parent's interdisciplinary legal team.
9813     (3)(a) A county may submit a proposal to the commission for a grant to develop a
9814  parental representation liaison position to provide services to parents involved in a
9815  child welfare case in the county.
9816  (b) A proposal described in Subsection (3)(a) shall include details regarding:
9817  (i) how the county plans to use the grant award to fulfill the purpose described in
9818  Subsection (2);
9819  (ii) any plan to use funding sources in addition to a grant awarded under this section
9820  for the proposal; and
9821  (iii) other information the commission determines necessary to evaluate the proposal
9822  for a grant award under this section.
9823  (c) In evaluating a proposal for a grant award under this section, the commission shall
9824  consider:
9825  (i) the extent to which the proposal will fulfill the purpose described in Subsection (2);
9826  (ii) the cost of the proposal;
9827  (iii) the extent to which other funding sources identified in the proposal are likely to
9828  benefit the proposal;
9829  (iv) the sustainability of the proposal;
9830  (v) the need for parental representation liaison engagement in child welfare cases in
9831  the county that submitted the proposal; and
9832  (vi) whether the proposal will support improvements in indigent defense services in
9833  accordance with the commission core principles described in Section [78B-22-404]
9834  75E-9-104.
9835     (4) Before October 1, 2023, the commission shall provide a written report to the Health and
9836  Human Services Interim Committee regarding the program that includes information on:
9837  (a) the number of grants awarded under the program; and
9838  (b) whether the program had any impact on child welfare case outcomes.
9839  Section 188. Section 75E-10-601, which is renumbered from Section 78B-22-901 is renumbered
9840     and amended to read:
9841  Part 6. Indigent Appellate Defense Division
9842  [78B-22-901] 75E-10-601 (Effective 07/01/26). Definitions for part.
9843        As used in this part:
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       Enrolled Copy  S.B. 323
9844    (1)(a) "Appellate defense services" means the representation of an indigent individual:
9845  (i) described in Subsection 78B-22-201(1)(d) or who is party to an appeal under
9846  Section 77-18a-1;
9847  (ii) in an action or on appeal for postconviction relief under [Chapter 9,
9848  Postconviction Remedies Act] Title 78B, Chapter 9, Postconviction Remedies Act;
9849  or
9850  (iii) in an appeal of right from an action for the termination or restoration of parental
9851  rights under Title 80, Chapter 3, Abuse, Neglect, and Dependency Proceedings,
9852  Title 80, Chapter 4, Termination and Restoration of Parental Rights, or Title 81,
9853  Chapter 13, Adoption.
9854        (b) "Appellate defense services" does not include the representation of an indigent
9855  individual:
9856  (i) facing an appeal in a case where the indigent individual was prosecuted for
9857  aggravated murder; or
9858  (ii) in an action or appeal for postconviction relief under [Chapter 9, Postconviction
9859  Remedies Act] Title 78B, Chapter 9, Postconviction Remedies Act, if the indigent
9860  individual has been sentenced to death.
9861    (2) "Division" means the Indigent Appellate Defense Division created in Section [
9862        78B-22-902] 75E-10-602.
9863  Section 189. Section 75E-10-602, which is renumbered from Section 78B-22-902 is renumbered
9864    and amended to read:
9865  [78B-22-902] 75E-10-602 (Effective 07/01/26). Indigent Appellate Defense
9866    Division.
9867       There is created the Indigent Appellate Defense Division within the [Office of Indigent
9868    Defense Services] office.
9869  Section 190. Section 75E-10-603, which is renumbered from Section 78B-22-904 is renumbered
9870    and amended to read:
9871  [78B-22-904] 75E-10-603 (Effective 07/01/26). Chief appellate officer --
9872    Qualifications -- Staff -- Duties.
9873    (1)(a) After consulting with the commission, the executive director shall appoint a chief
9874        appellate officer.
9875        (b) When appointing the chief appellate officer, the executive director shall give
9876  preference to an individual with experience in adult criminal appellate defense
9877  representation.
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       S.B. 323  Enrolled Copy
9878     (2) The chief appellate officer shall be an active member of the Utah State Bar with an
9879  appropriate background and experience to serve as the chief appellate officer.
9880     (3) The chief appellate officer shall carry out the duties of the division described in Section [
9881  78B-22-903] 75E-10-604.
9882     (4) The chief appellate officer shall:
9883  (a) provide appellate defense services in an eligible county;
9884  (b) hire staff as necessary to carry out the duties of the division described in Section [
9885  78B-22-903] 75E-10-604; and
9886  (c) perform all other duties that are necessary for the division to carry out the division's
9887  statutory duties.
9888     (5) The chief appellate officer may provide appellate defense services in an action or an
9889  appeal for postconviction relief under [Chapter 9, Postconviction Remedies Act] Title
9890  78B, Chapter 9, Postconviction Remedies Act, if the court appoints the division to
9891  represent the indigent individual.
9892  Section 191. Section 75E-10-604, which is renumbered from Section 78B-22-903 is renumbered
9893     and amended to read:
9894  [78B-22-903] 75E-10-604 (Effective 07/01/26). Powers and duties of the division.
9895     (1) The division shall:
9896  (a) provide appellate defense services:
9897  (i) for an appeal under Section 77-18a-1, in eligible counties;
9898  (ii) for an action or an appeal for postconviction relief under [Chapter 9,
9899  Postconviction Remedies Act] Title 78B, Chapter 9, Postconviction Remedies Act,
9900  if the court appoints the division to represent the indigent individual; and
9901  (iii) for an appeal of right from an action for the termination or restoration of parental
9902  rights under Title 80, Chapter 3, Abuse, Neglect, and Dependency Proceedings,
9903  Title 80, Chapter 4, Termination and Restoration of Parental Rights, or Title 81,
9904  Chapter 13, Adoption; and
9905  (b) provide appellate defense services in accordance with the core principles adopted by
9906  the commission under Section [78B-22-404] 75E-9-104 and any other state and
9907  federal standards for appellate defense services.
9908     (2) Upon consultation with the executive director and the commission, the division shall:
9909  (a) adopt a budget for the division;
9910  (b) adopt and publish on the commission's website:
9911  (i) appellate performance standards;
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       Enrolled Copy  S.B. 323
9912  (ii) case weighting standards; and
9913  (iii) any other relevant measures or information to assist with appellate defense
9914  services; and
9915        (c) if requested by the commission, provide a report to the commission on:
9916  (i) the provision of appellate defense services by the division;
9917  (ii) the caseloads of appellate attorneys; and
9918  (iii) any other information relevant to appellate defense services in the state.
9919    (3) If the division provides appellate defense services to an indigent individual in an
9920        indigent defense system, the division shall provide notice to the district court and the
9921        indigent defense system that the division intends to be appointed as counsel for the
9922        indigent individual.
9923    (4) The office shall assist with providing training and continual legal education on appellate
9924        defense to indigent defense service providers in eligible counties.
9925  Section 192. Section 75E-10-701, which is renumbered from Section 78B-22-1101 is
        renumbered
9926    and amended to read:
9927  Part 7. Youth Defense Fund
9928  [78B-22-1101] 75E-10-701 (Effective 07/01/26). Definitions for part.
9929       As used in this part:
9930    (1) "Fund" means the Youth Defense Fund created in Section [78B-22-1102] 75E-10-702.
9931    (2) "Participating county" means a county that complies with this part for participation in
9932        the fund.
9933  Section 193. Section 75E-10-702, which is renumbered from Section 78B-22-1102 is
        renumbered
9934    and amended to read:
9935  [78B-22-1102] 75E-10-702 (Effective 07/01/26). Establishment of Youth Defense
9936    Fund -- Use of fund -- Compensation from fund.
9937    (1) There is established a custodial fund known as the Youth Defense Fund.
9938    (2) The fund consists of:
9939        (a) money received from participating counties as described in Section [78B-22-1104]
9940  75E-10-704;
9941        (b) appropriations made to the fund by the Legislature as described in Subsection [
9942  78B-22-1104(8)] 75E-10-704(8); and
9943        (c) interest and earnings from the investment of fund money.
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       S.B. 323  Enrolled Copy
9944     (3) The state treasurer shall invest fund money with the earnings and interest accruing to the
9945  fund.
9946     (4) The fund shall be used to fulfill the constitutional and statutory mandates for the
9947  provision of constitutionally effective defense for juveniles referred to the juvenile court.
9948     (5) Money allocated to or deposited into the fund is used only:
9949  (a) to pay an indigent defense service provider appointed to represent a minor referred to
9950  the juvenile court;
9951  (b) for defense resources necessary to effectively represent the minor; and
9952  (c) for costs associated with the management of the fund and indigent defense service
9953  providers.
9954  Section 194. Section 75E-10-703, which is renumbered from Section 78B-22-1103 is
         renumbered
9955     and amended to read:
9956  [78B-22-1103] 75E-10-703 (Effective 07/01/26). Administration of Youth Defense
9957     Fund.
9958     (1) The commission shall establish rules and procedures for the application by a county for
9959  participation in the fund.
9960     (2) The office shall:
9961  (a) receive, screen, and approve or disapprove the application of a county seeking to
9962  participate in the fund;
9963  (b) calculate the amount of the annual contribution to be made to the fund by each
9964  participating county;
9965  (c) oversee and approve disbursement of money from the fund; and
9966  (d) negotiate, enter into, and administer a contract with an attorney or entity to provide
9967  indigent defense services to a minor referred to the juvenile court in a participating
9968  county if the attorney or entity:
9969  (i) is qualified to provide indigent defense services under this chapter; and
9970  (ii) meets the standards consistent for providing indigent defense services under this
9971  chapter.
9972  Section 195. Section 75E-10-704, which is renumbered from Section 78B-22-1104 is
         renumbered
9973     and amended to read:
9974  [78B-22-1104] 75E-10-704 (Effective 07/01/26). County participation in the
9975     Youth Defense Fund.
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        Enrolled Copy  S.B. 323
 9976    (1) A county may participate in the fund in accordance with the provisions of this section.
 9977    (2) A county that does not participate in the fund, or is not current in the county's
 9978        assessments for the fund, is ineligible to receive indigent defense services provided for
 9979        by the fund.
 9980    (3) The commission may revoke a county's participation in the fund if the county fails to
 9981        pay the county's assessments when the assessments are due.
 9982    (4) To participate in the fund, the legislative body of a county shall:
 9983        (a) adopt a resolution that approves participation in the fund and commits the county to
 9984  fulfilling the assessment requirements; and
 9985        (b) submit a certified copy of that resolution together with an application to the
 9986  commission.
 9987    (5) On or before January 15 of each year, a participating county shall contribute to the fund
 9988        an amount determined by the office.
 9989    (6) A participating county may withdraw from participation in the fund upon:
 9990        (a) adoption by the county's legislative body of a resolution to withdraw; and
 9991        (b) notice to the commission on or before January 1 of the year in which the county
 9992  intends to withdraw.
 9993    (7) A county withdrawing from participation in the fund, or whose participation in the fund
 9994        has been revoked for failure to pay the county's assessments when the assessments are
 9995        due, shall forfeit the right to:
 9996        (a) any previously paid assessment;
 9997        (b) relief from the county's obligation to pay the county's assessment during the period
 9998  of the county's participation in the fund; and
 9999        (c) any benefit from the fund, including reimbursement of costs that accrued after the
10000  last day of the period for which the county has paid the county's assessment.
10001    (8)(a) If the fund runs a deficit during a calendar year, the state is responsible for the
10002        deficit.
10003        (b) In the calendar year following a deficit year, the office shall increase the amount of
10004  the annual assessment that is required for participation in the fund by an amount at
10005  least equal to the deficit of the previous calendar year.
10006        (c) In a calendar year in which the fund runs a deficit, or is projected to run a deficit, the
10007  office shall request a supplemental appropriation to pay for the deficit from the
10008  Legislature in the following general session.
10009        (d) The state shall pay any or all of the reasonable and necessary money for the deficit
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        S.B. 323  Enrolled Copy
10010  into the fund.
10011  Section 196. Section 75E-11-101, which is renumbered from Section 77-38-601 is renumbered
10012     and amended to read:
10013  CHAPTER 11. Safe at Home Program
10014  Part 1. General Provisions
10015  [77-38-601] 75E-11-101 (Effective 07/01/26). Definitions for chapter.
10016        As used in this [part] chapter:
10017     (1) "Abuse" means[ any of the following]:
10018  (a) "abuse" as that term is defined in Section 76-5-111 or 80-1-102; or
10019  (b) ["child abuse" as that term is defined] child abuse, as described in Section 76-5-109.
10020     (2) "Actual address" means the residential street address of the program participant that is
10021  stated in a program participant's application for enrollment or on a notice of a change of
10022  address under Section [77-38-610] 75E-11-309.
10023     (3) "Assailant" means an individual who commits or threatens to commit abuse, human
10024  trafficking, domestic violence, stalking, or a sexual offense against an applicant for the
10025  program or a minor or incapacitated individual residing with an applicant for the
10026  program.
10027     (4) "Assigned address" means an address designated by the [commission] department and
10028  assigned to a program participant.
10029     (5) "Authorization card" means a card issued by the [commission] department that identifies
10030  a program participant as enrolled in the program with the program participant's assigned
10031  address and the date on which the program participant will no longer be enrolled in the
10032  program.
10033     [(6) "Commission" means the State Commission on Criminal and Juvenile Justice created
10034  in Section 63M-7-201.]
10035     [(7)] (6) "Domestic violence" means the same as that term is defined in Section 77-36-1.
10036     [(8)] (7) "Human trafficking" means a human trafficking offense under Section 76-5-308.
10037     [(9)] (8) "Incapacitated individual" means an individual who is incapacitated, as defined in
10038  Section 75-1-201.
10039     [(10)] (9)(a) "Mail" means first class letters or flats delivered by the United States Postal
10040  Service, including priority, express, and certified mail.
10041  (b) "Mail" does not include a package, parcel, periodical, or catalogue, unless the
10042  package, parcel, periodical, or catalogue is clearly identifiable as:
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        Enrolled Copy  S.B. 323
10043  (i) being sent by a federal, state, or local agency or another government entity; or
10044  (ii) a pharmaceutical or medical item.
10045    [(11)] (10) "Minor" means an individual who is younger than 18 years old.
10046    [(12)] (11) "Notification form" means a form issued by the [commission] department that a
10047        program participant may send to a person demonstrating that the program participant is
10048        enrolled in the program.
10049    [(13)] (12) "Program" means the Safe at Home Program created in Section [77-38-602]
10050        75E-11-102.
10051    [(14)] (13) "Program assistant" means an individual designated by the [commission]
10052        department under Section [77-38-604] 75E-11-303 to assist an applicant or program
10053        participant.
10054    [(15)] (14) "Program participant" means an individual who is enrolled under Section [
10055        77-38-606] 75E-11-305 by the [commission] department to participate in the program.
10056    [(16)] (15) "Record" means the same as that term is defined in Section 63G-2-103.
10057    [(17)] (16)(a) "Sexual offense" means:
10058  (i) a sexual offense under Title 76, Chapter 5, Part 4, Sexual Offenses; or
10059  (ii) a sexual exploitation offense under Title 76, Chapter 5b, Part 2, Sexual
10060  Exploitation.
10061        (b) "Sexual offense" does not include an offense under:
10062  (i) Section 76-5-417, enticing a minor;
10063  (ii) Section 76-5-418, sexual battery;
10064  (iii) Section 76-5-419, lewdness;
10065  (iv) Section 76-5-420, lewdness involving a child; or
10066  (v) Section 76-5b-206, failure to report child sexual abuse material by a computer
10067  technician.
10068    [(18)] (17) "Stalking" means the same as that term is defined in Section 76-5-106.5.
10069    [(19)] (18) "State or local government entity" means a county, municipality, higher
10070        education institution, special district, special service district, or any other political
10071        subdivision of the state or an administrative subunit of the executive, legislative, or
10072        judicial branch of this state, including:
10073        (a) a law enforcement entity or any other investigative entity, agency, department,
10074  division, bureau, board, or commission; or
10075        (b) an individual acting or purporting to act for or on behalf of a state or local entity,
10076  including an elected or appointed public official.
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        S.B. 323  Enrolled Copy
10077     [(20)] (19) "Victim" means a victim of abuse, domestic violence, human trafficking,
10078  stalking, or sexual assault.
10079  Section 197. Section 75E-11-102, which is renumbered from Section 77-38-602 is renumbered
10080     and amended to read:
10081  [77-38-602] 75E-11-102 (Effective 07/01/26). Creation -- Department
10082     responsibilities -- Rulemaking -- Retention and destruction of records.
10083     (1) There is created the Safe at Home Program within the [commission] department.
10084     (2) Under the program, the [commission] department shall:
10085  (a) designate, train, and manage program assistants;
10086  (b) develop, distribute, and process application forms and related materials for the
10087  program;
10088  (c) designate an assigned address for a program participant to be used by the program
10089  participant and a state or local government entity; and
10090  (d) receive mail sent to a program participant's assigned address, forward the mail to the
10091  program participant's actual address at the [commission's] department's expense, and
10092  track and maintain records for all mail received.
10093     (3) The department shall establish policies and procedures regarding the maintenance and
10094  destruction of applications, records, and other documents received or generated under
10095  this chapter.
10096     (4) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
10097  department may make rules to:
10098  (a) establish a process to expedite requests from law enforcement officers and agencies
10099  in accordance with Section 75E-11-312;
10100  (b) establish procedures for an appeal process regarding cancellation of enrollment under
10101  Section 75E-11-316; and
10102  (c) establish the procedures for the retention and destruction of records and other
10103  documents in accordance with Subsection (3).
10104  Section 198. Section 75E-11-201 is enacted to read:
10105  Part 2. Program Funding
10106  75E-11-201 (Effective 07/01/26). Definitions for part.
10107        As used in this part, "account" means the Safe at Home Program Restricted Account
10108     created in Section 75E-11-202.
10109  Section 199. Section 75E-11-202, which is renumbered from Section 77-38-620 is renumbered
10110     and amended to read:
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        Enrolled Copy  S.B. 323
10111  [77-38-620] 75E-11-202 (Effective 07/01/26). Safe at Home Program Restricted
10112    Account -- Report.
10113    (1) There is created a restricted account in the General Fund known as the "Safe at Home
10114        Program Restricted Account."
10115    (2) The account shall be funded by:
10116        (a) private contributions;
10117        (b) gifts, donations, or grants from public or private entities; and
10118        (c) interest and earnings on account money.
10119    (3) Upon appropriation by the Legislature, the [commission] department may expend funds
10120        from the account to:
10121        (a) designate, train, and manage program assistants;
10122        (b) develop, distribute, and process application forms and related materials for the
10123  program;
10124        (c) assist applicants and program participants in enrolling in the program; or
10125        (d) ensure program participants receive mail forwarded from the program to the program
10126  participant's actual address.
10127    (4) No later than December 31 of each year, the [commission] department shall provide to
10128        the Criminal Justice Appropriations Subcommittee a written report of the program's
10129        activities, including:
10130        (a) the contributions received under Subsection (2);
10131        (b) an accounting of the money expended or committed to be expended by the [
10132  commission] department under Subsection (3); and
10133        (c) the balance of the account.
10134  Section 200. Section 75E-11-301 is enacted to read:
10135  Part 3. Program Administration
10136  75E-11-301 (Effective 07/01/26). Definitions for part.
10137       Reserved.
10138  Section 201. Section 75E-11-302, which is renumbered from Section 77-38-603 is renumbered
10139    and amended to read:
10140  [77-38-603] 75E-11-302 (Effective 07/01/26). Eligibility.
10141    (1) An applicant is eligible to participate in the program if the applicant attests that the
10142        applicant:
10143        (a) is a resident of this state;
10144        (b)(i) is a victim;
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        S.B. 323  Enrolled Copy
10145  (ii) is a parent or a guardian of an individual who:
10146  (A) is a victim; and
10147  (B) resides at the same address as the parent or guardian;
10148  (iii) resides at the same address where a victim resides; or
10149  (iv) fears for the applicant's physical safety, or for the physical safety of a minor or
10150  incapacitated individual residing at the same address as the applicant, from a
10151  threat of abuse, domestic violence, human trafficking, stalking, or sexual assault;
10152  (c)(i) resided at a residential address that was known by an assailant and relocated
10153  within the past 90 days to a different residential address that is not known by the
10154  assailant;
10155  (ii) resides at a residential address known by the assailant and intends to relocate
10156  within 90 days to a different residential address in the state that is not known by
10157  the assailant; or
10158  (iii) resides at a residential address that is not known by the assailant;
10159  (d) will not disclose the different residential address to the assailant; and
10160  (e) will benefit from participation in the program.
10161     (2) An applicant may participate in the program regardless of whether:
10162  (a) a criminal charge is filed against an assailant;
10163  (b) the applicant has a restraining order or injunction against an assailant; or
10164  (c) the applicant reported an act or threat by an assailant to a law enforcement agency or
10165  officer.
10166     (3) An applicant may participate in the program only upon the recommendation of a
10167  program assistant.
10168     (4) To participate in the program:
10169  (a) an applicant shall sign, date, and verify the information on an application; and
10170  (b) the [commission] department shall verify the applicant's current residential address as
10171  provided on the application.
10172     (5) A parent or guardian may act on behalf of a minor or an incapacitated individual in
10173  determining whether the minor or the incapacitated individual is eligible for the program.
10174  Section 202. Section 75E-11-303, which is renumbered from Section 77-38-604 is renumbered
10175     and amended to read:
10176  [77-38-604] 75E-11-303 (Effective 07/01/26). Designation of program assistants.
10177     (1) The [commission] department may designate as a program assistant, an individual that:
10178  (a)(i) is an employee of the commission or a state or local government entity; or
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        Enrolled Copy  S.B. 323
10179  (ii) is a volunteer for an organization that provides counseling, assistance, or support
10180  services at no charge to victims; and
10181        (b)(i) provides counseling, referrals, or other services to victims; and
10182  (ii) completes any training or registration process required by the [commission]
10183  department.
10184    (2) A program assistant shall:
10185        (a) assist an applicant in preparing an application for the program; and
10186        (b) sign, date, and verify an application for the program.
10187    (3) A signature of a program assistant is a recommendation by the program assistant that
10188        the applicant is eligible to participate in the program under Section [77-38-603]
10189        75E-11-302.
10190  Section 203. Section 75E-11-304, which is renumbered from Section 77-38-605 is renumbered
10191    and amended to read:
10192  [77-38-605] 75E-11-304 (Effective 07/01/26). Administration -- Application.
10193    (1) The [commission] department shall provide an application form to an applicant who
10194        seeks to participate in the program under this part.
10195    (2) The [commission] department may not charge an applicant or program participant for an
10196        application or participation fee to apply for, or participate in, the program.
10197    (3) The application shall include:
10198        (a) the applicant's name;
10199        (b) a mailing address, a phone number, and an email address where the applicant may be
10200  contacted by the [commission] department;
10201        (c) an indication regarding whether the assailant is employed by a state or local
10202  government entity, and if applicable, the name of the state or local government entity;
10203        (d) a statement that the applicant understands and consents to:
10204  (i) remain enrolled in the program for four years, unless the applicant's participation
10205  in the program is cancelled under Section [77-38-617] 75E-11-316;
10206  (ii) while the applicant is enrolled in the program, notify the [commission] department
10207  when the applicant changes the applicant's actual address or legal name;
10208  (iii) develop a safety plan with a program assistant;
10209  (iv) authorize the [commission] department to notify a state or local government
10210  entity that the applicant is a program participant;
10211  (v) submit written notice to the [commission] department if the applicant chooses to
10212  cancel the applicant's participation in the program;
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        S.B. 323  Enrolled Copy
10213  (vi) register to vote in person at the office of the clerk in the county where the
10214  applicant's actual address is located; and
10215  (vii) certify that the [commission] department is the applicant's designated agent for
10216  service of process for personal service;
10217  (e) evidence that the applicant, or a minor or an incapacitated individual residing with
10218  the applicant, is a victim, including:
10219  (i) a law enforcement, court, or other state, local, or federal government agency
10220  record; or
10221  (ii) a document from:
10222  (A) a domestic violence program, facility, or shelter;
10223  (B) a sexual assault program; or
10224  (C) a religious, medical, or other professional from whom the applicant, or the
10225  minor or the incapacitated individual residing with the applicant, sought
10226  assistance in dealing with alleged abuse, domestic violence, stalking, or a
10227  sexual offense;
10228  (f) a statement from the applicant that a disclosure of the applicant's actual address
10229  would endanger the applicant, or a minor or an incapacitated individual residing with
10230  the applicant;
10231  (g) a statement by the applicant that the applicant:
10232  (i) resides at a residential address that is not known by the assailant;
10233  (ii) has relocated to a different residential address in the past 90 days that is not
10234  known by the assailant; or
10235  (iii) will relocate to a different residential address in the state within 90 days that is
10236  not known by the assailant;
10237  (h) the actual address that:
10238  (i) the applicant requests that the [commission] department not disclose; and
10239  (ii) is at risk of discovery by the assailant or potential assailant;
10240  (i) a statement by the applicant disclosing:
10241  (i) the existence of a court order or action involving the applicant, or a minor or an
10242  incapacitated individual residing with the applicant, related to a divorce
10243  proceeding, a child support order or judgment, or the allocation of custody or
10244  parent-time; and
10245  (ii) the court that issued the order or has jurisdiction over the action;
10246  (j) the name of any other individual who resides with the applicant who needs to be a
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        Enrolled Copy  S.B. 323
10247  program participant to ensure the safety of the applicant, or a minor or an
10248  incapacitated individual residing with the applicant;
10249        (k) a statement by the applicant that:
10250  (i) the applicant, or a minor or an incapacitated individual residing at the same
10251  address as the applicant, will benefit from participation in the program;
10252  (ii) if the applicant intends to vote, the applicant will register to vote at the office of
10253  the clerk in the county in which the applicant actually resides; and
10254  (iii) the applicant does not have a current obligation to register as a sex offender,
10255  kidnap offender, or child abuse offender under Title 53, Chapter 29, Sex, Kidnap,
10256  and Child Abuse Offender Registry;
10257        (l) a statement by the applicant, under penalty of perjury, that the information contained
10258  in the application is true;
10259        (m) a statement that:
10260  (i) if the applicant intends to use the assigned address for any correspondence with
10261  the State Tax Commission, the applicant must provide the State Tax Commission
10262  with the applicant's social security number, federal employee identification
10263  number, and any other identification number related to a tax, fee, charge, or
10264  license administered by the State Tax Commission; and
10265  (ii) if the applicant intends to use the assigned address for correspondence to a state
10266  or local government entity for the purpose of titling or registering a motor vehicle
10267  or a watercraft that is owned or leased by the applicant, the applicant shall provide
10268  to the state or local government entity for each motor vehicle or watercraft:
10269  (A) the motor vehicle or hull identification number;
10270  (B) the license plate or registration number for the motor vehicle or the watercraft;
10271  and
10272  (C) the physical address where each motor vehicle or watercraft is stored; and
10273        (n) a statement that any assistance or counseling provided by a program assistant as part
10274  of the program does not constitute legal advice or legal services to the applicant.
10275  Section 204. Section 75E-11-305, which is renumbered from Section 77-38-606 is renumbered
10276    and amended to read:
10277  [77-38-606] 75E-11-305 (Effective 07/01/26). Enrollment of a program
10278    participant.
10279    (1)(a) Within five business days after the day on which the [commission] department
10280        grants enrollment to a program participant, the [commission] department shall issue
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        S.B. 323  Enrolled Copy
10281  the program participant:
10282  (i) an assigned address;
10283  (ii) an authorization card; and
10284  (iii) a notification form.
10285  (b) An authorization card is valid while the program participant is enrolled in the
10286  program.
10287     (2) A program participant is enrolled in the program for four years beginning on the day on
10288  which the enrollment is granted, unless the enrollment is withdrawn, or is cancelled
10289  under Section [77-38-617] 75E-11-316, before the end of the four-year period.
10290     (3) A program participant may withdraw from the program by filing a request for
10291  withdrawal with the [commission] department that is acknowledged before a notary
10292  public.
10293     (4)(a) A program participant may renew enrollment by filing a renewal application with
10294  the [commission] department at least 30 days before the day on which enrollment in
10295  the program will expire.
10296  (b) The applicant shall date, sign, and verify the renewal application.
10297  (c) The renewal application shall contain:
10298  (i) all statements or information required by Subsection [77-38-605(3)] 75E-11-304(3)
10299  that have changed from the original application or a prior renewal application;
10300  (ii) a statement by the applicant that the applicant, or a minor or an incapacitated
10301  individual residing at the same address as the applicant, will continue to benefit
10302  from participation in the program; and
10303  (iii) a statement by the applicant, under penalty of perjury, that the information
10304  contained in the renewal application is true.
10305  Section 205. Section 75E-11-306, which is renumbered from Section 77-38-607 is renumbered
10306     and amended to read:
10307  [77-38-607] 75E-11-306 (Effective 07/01/26). Use of assigned address -- Release
10308     of information.
10309     (1) The [commission] department shall forward all mail that the office receives at the
10310  assigned address for a program participant to the program participant's actual address.
10311     (2) The [commission] department shall provide, at the request of a program participant or a
10312  state or local government entity, confirmation of an individual's status as a program
10313  participant.
10314     (3) Except as provided in Sections [77-38-611] 75E-11-310, [77-38-612] 75E-11-311, and [
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        Enrolled Copy  S.B. 323
10315        77-38-613] 75E-11-312, the [commission] department may not disclose a program
10316        participant's actual address to any person.
10317  Section 206. Section 75E-11-307, which is renumbered from Section 77-38-608 is renumbered
10318    and amended to read:
10319  [77-38-608] 75E-11-307 (Effective 07/01/26). Use of assigned address --
10320    Confidentiality.
10321    (1) A program participant may use the assigned address provided to the program participant
10322        to receive mail as provided in Subsection [77-38-602(2)] 75E-11-102(2).
10323    (2)(a) A state or local government entity may not refuse to use a program participant's
10324        assigned address for any official business, unless:
10325  (i) the state or local government entity is statutorily required to use the program
10326  participant's actual address; or
10327  (ii) the state or local government entity is permitted or required to use the program
10328  participant's actual address under this [part] chapter.
10329        (b) A state or local government entity may confirm an individual's status as a program
10330  participant with the [commission] department.
10331    (3) A state or local government entity, after receiving a copy of the notification form from a
10332        program participant or a notification of the program participant's enrollment from the [
10333        commission] department, may not:
10334        (a) except as provided in Subsection (2)(a), refuse to use the assigned address for the
10335  program participant, or a minor or an incapacitated individual residing with the
10336  program participant;
10337        (b) except as provided in Subsection (4), require a program participant to disclose the
10338  program participant's actual address; or
10339        (c) except as provided in Section [77-38-611] 75E-11-310, intentionally disclose to
10340  another person or state or local government entity the program participant's actual
10341  address.
10342    (4) Notwithstanding Subsections (2) and (3), a county clerk may require a program
10343        participant to disclose the program participant's actual address:
10344        (a) for voter registration; and
10345        (b) to enroll a program participant in a program designed to protect the confidentiality of
10346  a voter's address.
10347    (5) If a program participant is enrolled in a program designed to protect the confidentiality
10348        of a voter's address, a county clerk:
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        S.B. 323  Enrolled Copy
10349  (a) shall classify the program participant's actual address as concealed; and
10350  (b) may not disclose the program participant's actual address.
10351  Section 207. Section 75E-11-308, which is renumbered from Section 77-38-609 is renumbered
10352     and amended to read:
10353  [77-38-609] 75E-11-308 (Effective 07/01/26). Disclosure of actual address
10354     prohibited.
10355     (1)(a) The [commission] department may not disclose a program participant's actual
10356  address, unless:
10357  (i) required by a court order; or
10358  (ii) the [commission] department grants a request from a state or local government
10359  entity under Section [77-38-612] 75E-11-311.
10360  (b) The [commission] department shall provide a program participant immediate
10361  notification of a disclosure of the program participant's actual address if the
10362  disclosure is made under Subsection (1)(a)(i) or (ii).
10363     (2) If, at the time of application, an applicant, or a parent or guardian of an applicant, is
10364  subject to a court order relating to a divorce proceeding, a child support order or
10365  judgment, or an allocation of custody or parent-time, the [commission] department shall
10366  provide notice of whether the applicant is enrolled under the program and the assigned
10367  address of the applicant to the court that issued the order or has jurisdiction over the
10368  action.
10369     (3) A person may not knowingly or intentionally obtain a program participant's actual
10370  address from the [commission] department or any state or local government entity if the
10371  person is not authorized to obtain the program participant's actual address.
10372     (4) Unless the disclosure is permitted under this [part] chapter or is otherwise permitted by
10373  law, an employee of the [commission] department or a state or local government entity
10374  may not knowingly or intentionally disclose a program participant's actual address if:
10375  (a) the employee obtains a program participant's actual address during the course of the
10376  employee's official duties; and
10377  (b) at the time of disclosure, the employee has specific knowledge that the address is the
10378  actual address of the program participant.
10379     (5) A person who intentionally or knowingly obtains or discloses information in violation
10380  of this [part] chapter is guilty of a class B misdemeanor.
10381  Section 208. Section 75E-11-309, which is renumbered from Section 77-38-610 is renumbered
10382     and amended to read:
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        Enrolled Copy  S.B. 323
10383  [77-38-610] 75E-11-309 (Effective 07/01/26). Change of name, address, or
10384    telephone number.
10385    (1) A program participant shall notify the [commission] department no later than 30 days
10386        after the day on which the program participant obtains a legal name change, by
10387        providing the [commission] department with a certified copy of a judgment or order
10388        establishing the name change, or any other documentation that is sufficient evidence of
10389        the name change.
10390    (2) A program participant shall notify the [commission] department no later than 10
10391        business days after the day on which the program participant's actual address or
10392        telephone number changes from the actual address or telephone number listed for the
10393        program participant.
10394    (3) If a program participant remains enrolled in the program after a change of address, the
10395        program participant may not change the program participant's assigned address with the
10396        Driver License Division created under Section 53-3-103.
10397  Section 209. Section 75E-11-310, which is renumbered from Section 77-38-611 is renumbered
10398    and amended to read:
10399  [77-38-611] 75E-11-310 (Effective 07/01/26). Address use by state or local
10400    government entities.
10401    (1) Except as otherwise provided in Subsection (7), a program participant is responsible for
10402        requesting that a state or local government entity use the program participant's assigned
10403        address as the program participant's residential address.
10404    (2) Except as otherwise provided in this [part] chapter, if a program participant submits a
10405        valid authorization card, or a notification form, to a state or local government entity, the
10406        state or local government entity shall accept the assigned address listed on the
10407        authorization card or notification form as the program participant's address to be used as
10408        the program participant's residential address when creating a record.
10409    (3) The program participant's assigned address shall be listed as the last known address if
10410        any last known address requirement is needed by the state or local government entity.
10411    (4) The state or local government entity may photocopy a program participant's
10412        authorization card for a record for the state or local government entity, but the state or
10413        local government entity shall immediately return the authorization card to the program
10414        participant.
10415    (5)(a) An election official, as defined in Section 20A-1-102, shall:
10416  (i) use a program participant's actual address for precinct designation and all official
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        S.B. 323  Enrolled Copy
10417  election-related purposes;
10418  (ii) classify the program participant's actual address as concealed; and
10419  (iii) keep the program participant's actual address confidential from the public.
10420  (b) A program participant may not use the program participant's assigned address for
10421  voter registration.
10422  (c) An election official shall use the assigned address for all correspondence and mail for
10423  the program participant placed in the United States mail.
10424  (d) A state or local government entity's access to a program participant's voter
10425  registration is subject to the request for disclosure process under Section [77-38-612]
10426  75E-11-311.
10427  (e) This Subsection (5) applies only to a program participant who submits a valid
10428  authorization card or a notification form when registering to vote.
10429     (6)(a) A state or local government entity may not use a program participant's assigned
10430  address for the purposes of listing[,] or appraising a property, or assessing property
10431  taxes.
10432  (b) Except as provided by Subsection (6)(c), all property assessments and tax notices,
10433  property tax collection notices, and all property related correspondence placed in the
10434  United States mail for the program participant shall be addressed to the assigned
10435  address.
10436  (c) The State Tax Commission shall use the actual address of a program participant,
10437  unless the [commission] department provides the following information to the State
10438  Tax Commission:
10439  (i) the full name of the program participant; and
10440  (ii) the program participant's social security number, federal employee identification
10441  number, and any other identification number related to a tax, fee, charge, or
10442  license administered by the State Tax Commission.
10443     (7)(a) A state or local government entity may not use a program participant's assigned
10444  address for purposes of assessing any taxes or fees on a motor vehicle or a watercraft
10445  for titling or registering a motor vehicle or a watercraft.
10446  (b) Except as provided by Subsection (7)(c), all motor vehicle and watercraft
10447  assessments and tax notices, title registration notices, and all related correspondence
10448  placed in the United States mail for the program participant is required to be
10449  addressed to the assigned address.
10450  (c) The Motor Vehicle Division shall use the actual address of a program participant,
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        Enrolled Copy  S.B. 323
10451  unless the [commission] department provides the following information to the Motor
10452  Vehicle Division:
10453  (i) the full name of the program participant;
10454  (ii) the assigned address of the program participant;
10455  (iii) the motor vehicle or hull identification number for each motor vehicle or
10456  watercraft that is owned or leased by the program participant;
10457  (iv) the license plate or registration number for each motor vehicle or watercraft that
10458  is owned or leased by the program participant; and
10459  (v) the physical address [where] of each motor vehicle or watercraft that is owned or
10460  leased by the program participant.
10461        (d) Notwithstanding any other provision of this [part] chapter, the Motor Vehicle
10462  Division may disclose to another state or local government entity all information that
10463  is necessary for the state or local government entity to distribute any taxes or fees
10464  collected for titling or registering a motor vehicle or a watercraft.
10465        (e) Notwithstanding Section 41-1a-116 or any other provision of this part, the Motor
10466  Vehicle Division may not disclose the actual address of a program participant[
10467  described in Subsection 77-38-605(3)(m)(ii)] to:
10468  (i) the Utah Criminal Justice Information System; or
10469  (ii) the title, lien, and registration system that is provided to the Motor Vehicle
10470  Division by a third party contractor and is accessed in accordance with Subsection
10471  41-1a-116(4).
10472    (8)(a) The Division of Adult Probation and Parole created in Section 64-14-202, or any
10473        other entity responsible for supervising a program participant who is on probation or
10474        parole as a result of a criminal conviction or an adjudication, may not use the
10475        program participant's assigned address if the program participant's actual address is
10476        necessary for supervising the program participant.
10477        (b) All written communication delivered through the United States mail to the program
10478  participant by the Department of Corrections, or the other entity described in
10479  Subsection (8)(a), shall be addressed to the program participant's assigned address.
10480    (9) If a program participant is required by law to swear or affirm to the program
10481        participant's address, the program participant may use the program participant's assigned
10482        address.
10483    (10)(a) A school district shall:
10484  (i) accept the assigned address as the address of record; and
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        S.B. 323  Enrolled Copy
10485  (ii) verify student enrollment eligibility with the [commission] department.
10486  (b) The [commission] department shall help facilitate the transfer of student records as
10487  needed.
10488     (11)(a) Notwithstanding Title 63G, Chapter 2, Government Records Access and
10489  Management Act, a record containing a program participant's address is confidential
10490  and, regardless of the record's classification under Title 63G, Chapter 2, Part 3,
10491  Classification, may not be disclosed by a state or local government entity, unless
10492  otherwise provided under this [part] chapter.
10493  (b) A program participant's actual address may not be disclosed to a third party by a state
10494  or local government entity, except:
10495  (i) in a record created more than 90 days before the date on which the program
10496  participant applied for enrollment in the program; or
10497  (ii) if a program participant voluntarily requests, in writing, that the program
10498  participant's actual address be disclosed to the third party.
10499  (c) For a record created within 90 days before the date that a program participant applied
10500  for enrollment in the program, a state or local government entity shall redact the
10501  actual address from the record or change the actual address to the assigned address in
10502  the public record if the program participant presents a valid authorization card or a
10503  notification form and requests that the state or local government entity use the
10504  assigned address instead of the actual address on the record.
10505  Section 210. Section 75E-11-311, which is renumbered from Section 77-38-612 is renumbered
10506     and amended to read:
10507  [77-38-612] 75E-11-311 (Effective 07/01/26). Request for disclosure.
10508     (1) A state or local government entity requesting disclosure of a program participant's
10509  actual address in accordance with this section shall make the request:
10510  (a) in writing;
10511  (b) on the state or local government entity's letterhead; and
10512  (c) with the signature of the head or an executive-level official of the state or local
10513  government entity.
10514     (2) In accordance with Subsection (1), a state or local government entity requesting
10515  disclosure of a program participant's actual address shall provide the [commission]
10516  department with the name of the program participant and a statement:
10517  (a) explaining why the state or local government entity is requesting the program
10518  participant's actual address;
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        Enrolled Copy  S.B. 323
10519        (b) explaining why the state or local government entity cannot meet the state or local
10520  government entity's statutory or administrative obligations without the disclosure of
10521  the program participant's actual address;
10522        (c) of facts showing that:
10523  (i) other methods to locate the program participant's actual address have failed;
10524  (ii) other methods will be unlikely to succeed; or
10525  (iii) other means of contacting the program participant have failed or are unavailable;
10526  and
10527        (d) that the state or local government entity has adopted a procedure to protect the
10528  confidentiality of the program participant's actual address.
10529    (3) In response to a request for disclosure under Subsection (2), the [commission]
10530        department may request additional information from the state or local government entity
10531        to help identify the program participant in the records of the office or to assess whether
10532        disclosure to the state or local government entity is permitted under this part.
10533    (4)(a) Except as provided in Subsection (4)(b), after receiving a request for disclosure
10534        from a state or local government entity under Subsection (1), the [commission]
10535        department shall provide a program participant with written notification:
10536  (i) informing the participant of the request, and to the extent possible, of an
10537  opportunity to be heard regarding the request; and
10538  (ii) after a decision is made by the [commission] department, whether the request has
10539  been granted or denied.
10540        (b) The [commission] department is not required to provide notice of a request for
10541  disclosure to a program participant under Subsection (4)(a) when:
10542  (i) the request is made by a state or local law enforcement agency conducting a
10543  criminal investigation involving alleged criminal conduct by the program
10544  participant; or
10545  (ii) providing notice to the program participant would jeopardize an ongoing criminal
10546  investigation or the safety of law enforcement personnel.
10547    (5) The [commission] department shall grant a state or local government entity's request for
10548        disclosure and disclose the program participant's actual address if:
10549        (a) the state or local government entity has demonstrated a good faith statutory or
10550  administrative need for the actual address;
10551        (b) the actual address will be used only for the purpose stated in the request;
10552        (c) other methods to locate the program participant or the program participant's actual
                                                      - 311 -
        S.B. 323  Enrolled Copy
10553  address have failed or are unlikely to succeed;
10554  (d) other means of contacting the program participant have failed or are unavailable; and
10555  (e) the state or local government entity has adopted a procedure to protect the
10556  confidentiality of the program participant's actual address.
10557     (6) If the [commission] department grants a request for disclosure under this section, the [
10558  commission] department shall provide the state or local government entity with a
10559  disclosure that contains:
10560  (a) the program participant's actual address;
10561  (b) a statement of the permitted use of the program participant's actual address;
10562  (c) the names or classes of persons permitted to have access to or use of the program
10563  participant's actual address;
10564  (d) a statement that the state or local government entity is required to limit access to and
10565  use of the program participant's actual address to the permitted use and to the listed
10566  persons or classes of persons; and
10567  (e) if expiration of the disclosure is appropriate, the date on which the permitted use of
10568  the program participant's actual address expires.
10569     (7) If a request for disclosure is granted by the [commission] department, a state or local
10570  government entity shall:
10571  (a) limit use of the program participant's actual address to the purpose stated in the
10572  disclosure;
10573  (b) limit access to the program participant's actual address to the persons or classes of
10574  persons stated in the disclosure;
10575  (c) cease use of the program participant's actual address upon the expiration of the
10576  permitted use;
10577  (d) dispose of the program participant's actual address upon the expiration of the
10578  permitted use; and
10579  (e) except as permitted in the request for disclosure, maintain the confidentiality of the
10580  program participant's actual address.
10581     (8) Upon denial of a state or local government entity's request for disclosure, the [
10582  commission] department shall promptly provide a written notification to the state or local
10583  government entity explaining the specific reasons for denying the request for disclosure.
10584     (9)(a) A state or local government entity may file a written appeal with the [commission]
10585  department no later than 15 days after the day on which the state or local government
10586  entity receives the written notification under Subsection (8).
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        Enrolled Copy  S.B. 323
10587        (b) A state or local government entity filing a written appeal under Subsection (9)(a)
10588  shall:
10589  (i) restate the information contained in the request for disclosure; and
10590  (ii) respond to the [commission's] department's reason for denying the request for
10591  disclosure.
10592        (c) The [commission] department shall make a final determination on the appeal within
10593  30 days after the day on which the appeal is received by the [commission] department,
10594  unless the state or local government entity and the [commission] department agree to
10595  a different deadline.
10596        (d) Before the [commission] department makes a final determination, the [commission]
10597  department may conduct a hearing or request additional information from the state or
10598  local government entity or the program participant.
10599  Section 211. Section 75E-11-312, which is renumbered from Section 77-38-613 is renumbered
10600    and amended to read:
10601  [77-38-613] 75E-11-312 (Effective 07/01/26). Request for disclosure by law
10602    enforcement.
10603    (1) The [commission] department shall establish a process to expedite a request submitted
10604        by a law enforcement officer or agency for the disclosure of information regarding a
10605        program participant who is involved in a criminal proceeding or investigation within 24
10606        hours of the law enforcement officer or agency submitting the request.
10607    (2) If a law enforcement officer or agency seeks the disclosure of a program participant's
10608        actual address from the [commission] department under Subsection (1), the law
10609        enforcement officer or agency shall certify to the commission, or the commission's
10610        designee, that the official or agency has a system in place to protect the program
10611        participant's actual address from disclosure to:
10612        (a) the public; and
10613        (b) law enforcement personnel who are not involved in the criminal proceeding or
10614  investigation for which the disclosure is requested.
10615    (3) Upon expiration of the use for the program participant's actual address in a criminal
10616        proceeding or investigation, a law enforcement officer or agency shall remove the
10617        program participant's actual address from any record system maintained by the law
10618        enforcement officer or agency.
10619  Section 212. Section 75E-11-313, which is renumbered from Section 77-38-614 is renumbered
10620    and amended to read:
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        S.B. 323  Enrolled Copy
10621  [77-38-614] 75E-11-313 (Effective 07/01/26). Service of process at the assigned
10622     address.
10623     (1) In accordance with the Utah Rules of Civil Procedure, Rule 4, the [commission]
10624  department is the agent authorized to receive process for a program participant.
10625     (2) In accordance with the Utah Rules of Civil Procedure, Rule 5, the last known address
10626  for a program participant is the program participant's assigned address, not the program
10627  participant's actual address.
10628  Section 213. Section 75E-11-314, which is renumbered from Section 77-38-615 is renumbered
10629     and amended to read:
10630  [77-38-615] 75E-11-314 (Effective 07/01/26). Participation in the program --
10631     Orders in relation to allocation of custody or parent-time.
10632     (1) A court may not consider a parent's participation in the program for the purpose of
10633  making an order allocating custody or parent-time under Title 81, Chapter 9, Custody,
10634  Parent-time, and Visitation.
10635     (2) A court shall take practical measures to keep a program participant's actual address
10636  confidential when making an order allocating custody or parent-time.
10637     (3) Nothing in this part affects an order relating to the allocation of custody or parent-time
10638  in effect [prior to] before or during a program participant's participation in the program.
10639  Section 214. Section 75E-11-315, which is renumbered from Section 77-38-616 is renumbered
10640     and amended to read:
10641  [77-38-616] 75E-11-315 (Effective 07/01/26). Disclosure of address or identifiable
10642     information in a judicial or administrative proceeding.
10643     (1) A program participant may submit the program participant's actual address to the court
10644  as a safeguarded record in accordance with the Utah Code of Judicial Administration,
10645  Rule 4-202.02.
10646     (2) A person may not compel disclosure of a program participant's actual address or
10647  identifying information related to the program participant's residence during a
10648  proceeding in a court or administrative proceeding, unless:
10649  (a) the court orders the disclosure of the program participant's address; or
10650  (b) an administrative tribunal finds, based on a preponderance of the evidence, that:
10651  (i) the disclosure is required in the interest of justice;
10652  (ii) public interest in the disclosure substantially outweighs the potential harm to the
10653  program participant; or
10654  (iii) no other alternative would satisfy the necessity of the disclosure.
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        Enrolled Copy  S.B. 323
10655    (3) If disclosure of a program participant's actual address is required in a proceeding before
10656        a court or administrative tribunal, the court or administrative tribunal may safeguard the
10657        portion of a record that contains the program participant's actual address.
10658    (4) Nothing in this section prevents a state or local government entity from using a program
10659        participant's actual address in filing a document or record with a court or administrative
10660        tribunal if, at the time of the filing, the document or record is filed under safeguard or
10661        not a public record.
10662  Section 215. Section 75E-11-316, which is renumbered from Section 77-38-617 is renumbered
10663    and amended to read:
10664  [77-38-617] 75E-11-316 (Effective 07/01/26). Cancellation of enrollment --
10665    Records.
10666    (1) The [commission] department shall cancel a program participant's enrollment in the
10667        program if:
10668        (a) the program participant submits to the [commission] department a written request to
10669  withdraw from enrollment in accordance with Section [77-38-606] 75E-11-305;
10670        (b) the program participant fails to notify the [commission] department of a change in the
10671  program participant's name, actual address, or telephone number that is listed on the
10672  application;
10673        (c) the program participant, or a parent or guardian of the program participant,
10674  knowingly submits false information in the program application; or
10675        (d) mail forwarded to the program participant by the [commission] department is
10676  returned as undeliverable.
10677    (2)(a) If the [commission] department determines that there are grounds for cancelling a
10678        program participant's enrollment in accordance with Subsection (1), the commission
10679        shall send notice of the cancellation with the reason for cancellation to the program
10680        participant at the program participant's actual address and email address.
10681        (b) A program participant has 30 days to appeal the cancellation decision in accordance
10682  with procedures developed by the [commission] department.
10683    (3) A program participant who receives a notice of cancellation is responsible for notifying
10684        a person who uses the program participant's assigned address to communicate with the
10685        program participant that the assigned address is no longer valid.
10686    (4) If the [commission] department cancels a program participant's enrollment in the
10687        program, the program participant is not eligible to participate in the program for six
10688        months after the day on which the [commission] department cancels the program
                                                       - 315 -
        S.B. 323  Enrolled Copy
10689  participant's enrollment in the program.
10690  Section 216. Section 75E-11-317, which is renumbered from Section 77-38-619 is renumbered
10691     and amended to read:
10692  [77-38-619] 75E-11-317 (Effective 07/01/26). Immunity from suit.
10693     (1) A program assistant, or a program assistant's employer, is immune from liability in a
10694  civil action or proceeding involving the performance or nonperformance of a duty under
10695  this [part] chapter, unless:
10696  (a) the performance or nonperformance of a program assistant was manifestly outside
10697  the scope of the program assistant's duties in the program; or
10698  (b) the program assistant acted with malicious purpose, bad faith, or in a wanton or
10699  reckless manner.
10700     (2) In addition to the governmental immunity granted in Title 63G, Chapter 7,
10701  Governmental Immunity Act of Utah, or any other governmental immunity provided by
10702  law, the [commission] department, the state, and the political subdivisions of the state are
10703  immune from liability in a civil action or proceeding involving the performance or
10704  nonperformance of a duty under the program.
10705  Section 217. Section 76-1-101.6 is amended to read:
10706  TITLE 76. CRIMINAL OFFENSES
10707  76-1-101.6 (Effective 07/01/26). Application of definitions to title.
10708     (1) For formatting purposes, sections in this title that contain a criminal offense include an
10709  express provision that states that the title definitions in Section 76-1-101.5 apply to that
10710  section.
10711     (2) Although a provision described in Subsection (1) is not included in non-offense sections
10712  in [Title 76, Utah Criminal Code] this title, or in other titles, title definitions apply to all
10713  statutes within a title unless otherwise expressly provided.
10714  Section 218. Section 76-3-202 is amended to read:
10715  76-3-202 (Effective 07/01/26). Paroled individuals -- Termination or discharge
10716     from sentence -- Time served on parole -- Discretion of Board of Pardons and Parole.
10717     (1) As described in Subsection 77-27-5(7), every individual committed to the state prison to
10718  serve an indeterminate term and, after December 31, 2018, released on parole shall
10719  complete a term of parole that extends through the expiration of the individual's
10720  maximum sentence unless the parole is earlier terminated by the Board of Pardons and
10721  Parole in accordance with the adult sentencing and supervision length guidelines, as
10722  defined in Section [63M-7-401.1] 75E-4-101, to the extent the guidelines are consistent
                                                         - 316 -
        Enrolled Copy  S.B. 323
10723        with the requirements of the law.
10724    (2)(a) Except as provided in Subsection (2)(b), an individual committed to the state
10725        prison to serve an indeterminate term and released on parole on or after October 1,
10726        2015, but before January 1, 2019, shall, upon completion of three years on parole
10727        outs

Criminal and Juvenile Justice Recodification

Sponsors

Sen. Todd Weiler (R) sponsors SB 323, and 1 member has co-sponsored it.

Committees

SB 323 went before 3 committees: Rules, Judiciary, Law Enforcement, and Criminal Justice and Business, Labor, and Commerce.

Rules
Rules
Referred to · Feb 23, 2026
Judiciary, Law Enforcement, and Criminal Justice
Judiciary, Law Enforcement, and Criminal Justice
Referred to · Feb 24, 2026
Business, Labor, and Commerce
Business, Labor, and Commerce
Referred to · Mar 3, 2026

History

SB 323 has taken 55 actions since Feb 23, 2026, the latest on Mar 23, 2026.

ChamberAction
Mar 23, 2026
—
Governor Signed in Lieutenant Governor's office for filing
Mar 16, 2026
Senate
Senate/ received enrolled bill from Printing in Senate Secretary
Mar 16, 2026
—
Senate/ to Governor in Executive Branch - Governor
Mar 12, 2026
Senate
Enrolled Bill Returned to House or Senate in Senate Secretary
Mar 12, 2026
Senate
Senate/ enrolled bill to Printing in Senate Secretary

Votes

SB 323 went to 8 roll calls across both chambers, the latest on Mar 6, 2026 at 62–1.

ChamberQuestion
Yea
Nay
Mar 6, 2026
House
House/ passed 3rd reading
62
1
Mar 6, 2026
Senate
Senate/ concurs with House amendment
22
0
Mar 4, 2026
House
House Comm - Amendment Recommendation
12
0
Mar 4, 2026
House
House Comm - Substitute Recommendation
12
0
Mar 4, 2026
House
House Comm - Favorable Recommendation
11
0

Source: le.utah.gov · legiscan.com