HB 312: Criminal Justice Amendments - Utah

Amended 2/27/2025 12:02:964 → Substitute #1 · 9 edits

MAJOR

This bill replaces the original version with a significantly expanded substitute that adds new criminal offenses, modifies release procedures, and reorganizes several sections. The substitute adds provisions allowing city prosecutors to file charges after county officials decline, creates a new crime for concealing identity in public gatherings, and moves sex offender assessment duties to the Department of Corrections. It also removes references to unsecured bonds and adds new provisions regarding minors convicted of aggravated murder.

Scope change

The bill's scope expanded from primarily modifying existing criminal justice provisions to adding entirely new offenses and shifting responsibilities between different government agencies.

ENFORCEMENT

Allows city attorneys to file felony charges in state law when county or district attorneys decline to prosecute, provided no other prosecutor is pursuing the same case.

Permits courts to require minors convicted of aggravated murder to be housed in prisons or jails rather than juvenile secure care facilities.

Allows prosecutors to request judicial review of whether minors convicted of aggravated murder should be transferred from juvenile facilities to adult prisons or jails.

DEFINITION

Creates a new criminal offense for intentionally concealing identity in a public gathering.

Removes all references to unsecured bonds from the statute.

REQUIREMENT

Moves sex offender assessment requirements from the Utah Code of Criminal Procedure to the Department of Corrections code chapter.

Modifies duties and reporting requirements for the Utah Indigent Defense Commission and Office of Indigent Defense Services.

Repeals the requirement to use court reporters in death sentence commutation hearings.

TIMELINE

Extends the verification of indigency pilot program date.

Amended 2/4/2025 10:02:674 → Amended 2/27/2025 12:02:964 · 10 edits

MAJOR

This bill amends Utah's criminal justice statutes to modify how county sheriffs manage jail overcrowding, probation supervision, pretrial release, and financial conditions for bail. Key changes include stricter rules for releasing prisoners due to overcrowding, new reporting requirements, expanded definitions of habitual offenders, and modifications to how magistrates determine pretrial release conditions.

Scope change

The bill expands the scope of criminal justice amendments to include new provisions on syringe exchange programs, detention removal officers, and private correctional facility housing restrictions, while repealing outdated contracting subcommittees.

REQUIREMENT

Modified overcrowding release requirements to mandate contracts with other counties for specific high-risk offenders (violent crimes, drug felonies, fentanyl possession, DUI causing injury, recent arrests, habitual offenders, or warrant violators) before releasing individuals due to jail capacity limits.

Modified probation supervision standards to require county sheriffs to adopt probation standards and practices established by the Utah Sheriffs' Association rather than creating independent standards.

Modified pretrial release authority to prohibit county jail officials from setting financial conditions for misdemeanor domestic violence and DUI offenses, while maintaining monetary bail options for other offenses.

Added requirement for county sheriffs to report statistics on overcrowding releases and pretrial release data to state agencies.

Added prohibition on Department of Corrections housing inmates in private correctional facilities except for federal immigration detention or civil detention purposes.

Added prohibition on using state funds for syringe exchange programs.

ELIGIBILITY

Modified habitual offender definition to change the threshold from six previous felony convictions to five previous felony convictions within five years, and from nine misdemeanor charges to 19 misdemeanor charges within three years.

DEFINITION

Modified state daily incarceration rate calculation to use previous four fiscal years before July 1, 2026, then five fiscal years thereafter, affecting how reimbursement rates are determined.

ENFORCEMENT

Modified magistrate authority to issue temporary pretrial status orders and added requirements for considering available pretrial services when determining release conditions.

TECHNICAL

Repealed the Subcommittee on County Correctional Facility Contracting and Reimbursement and other outdated provisions.

Amended Excerpts 2/27/2025 12:02:964 → Amended 2/4/2025 10:02:674 · 6 edits

MODERATE

This bill amends Utah's criminal justice statutes to update sheriff duties, modify overcrowding release procedures, establish probation standards, adjust court administrator contract terms, and revise definitions related to habitual offenders and incarceration rates. The changes aim to modernize correctional facility operations and align sheriff responsibilities with current judicial administration requirements.

Scope change

The bill applies to county sheriffs across Utah, correctional facilities, and court administrators, with specific provisions for counties of different classes and interlocal agreements.

REQUIREMENT

Updated sheriff duties to include compliance with court security rules and expanded responsibilities for search and rescue services

Changed overcrowding release procedures to establish specific lookback periods starting September 1, 2025, for determining when counties must release individuals due to facility capacity

Requires county sheriffs to establish probation standards and procedures aligned with the Utah Sheriffs' Association guidelines

Prohibits county jail officials from setting financial conditions for individuals charged with certain domestic violence and DUI offenses

Updated magistrate authority regarding pretrial release or detention orders

DEFINITION

Removed references to unsecured bonds and modified definitions related to habitual offenders and state daily incarceration rate calculations

Amended Excerpts 2/4/2025 10:02:674 → Amended Excerpts 2/27/2025 12:02:964 · 4 edits

MODERATE

The bill transitions from House to Senate amendments, shifting the focus from defining state incarceration rates to addressing jail overcrowding and establishing a specific lookback period for release decisions. The Senate version introduces new requirements for counties to consider overcrowding releases within a defined fiscal period and sets a timeline for calculating incarceration rates starting in 2026.

Scope change

The bill's scope expanded to include specific lookback periods for overcrowding releases and clarified the timeline for calculating state incarceration rates, moving from a 4-year to a 5-year calculation basis beginning July 1, 2026.

REQUIREMENT

Added requirements for counties of the first class to consider overcrowding releases within a specific lookback period when determining housing needs.

TIMELINE

Modified the state daily incarceration rate calculation timeline to use four fiscal years before July 1, 2026, and five fiscal years beginning July 1, 2026.

DEFINITION

Added a specific definition for the lookback period used in overcrowding release decisions, establishing a September 1 to August 31 fiscal year cycle starting September 1, 2025.

Removed the previous definition of 'State daily incarceration rate' that included specific expense calculations for housing inmates.

Substitute #4 → Substitute #5 · 12 edits

MAJOR

This bill updates Utah's criminal justice laws to address jail overcrowding, probation supervision, syringe exchange programs, and various definitions related to federal officers and inmate housing. Key changes include stricter rules on releasing prisoners due to overcrowding, new requirements for probation standards, and modifications to how state funds can be used for syringe exchange programs.

Scope change

The bill expands reporting requirements for county sheriffs regarding prisoner releases and modifies eligibility criteria for various criminal justice programs and facilities.

REQUIREMENT

County sheriffs must now establish maximum jail capacities based on facility design and staffing, and must transfer or release prisoners when capacity is reached, with specific restrictions on who can be transferred to other counties.

County sheriffs must adopt probation standards and practices established by the Utah Sheriffs' Association, and must notify courts of certain probation violations.

The Department of Corrections is prohibited from contracting with private facilities to house inmates, except for federal immigration or civil detention purposes.

New requirements for calculating the state daily incarceration rate and limits on how much it can increase annually.

Strangulation or choking is now included as a criminal offense when committed in the presence of a child during domestic violence incidents.

County sheriffs must report statistics on prisoner releases due to overcrowding and pretrial release to the Commission on Criminal and Juvenile Justice.

County jail officials are prohibited from setting financial conditions for individuals charged with certain domestic violence or driving under the influence misdemeanor offenses.

The Subcommittee on County Correctional Facility Contracting and Reimbursement was repealed.

New section requiring sex offender assessments using multi-domain assessment tools to evaluate risk factors affecting recidivism.

FISCAL

State funds are prohibited from operating syringe exchange programs, though municipal, county, or federal funds may still be used.

DEFINITION

The definition of federal officers with statewide law enforcement authority was updated to include detention removal officers.

The definition of habitual offender was modified to include specific criteria for felony and misdemeanor convictions within certain timeframes.

Substitute #3 → Substitute #4 · 10 edits

MAJOR

This bill modifies Utah's criminal justice laws to address jail overcrowding, probation supervision, and correctional facility contracting. Key changes include stricter rules for releasing inmates due to overcrowding, new requirements for probation standards, and limitations on state funding for syringe exchange programs.

Scope change

The bill expands the scope of certain criminal justice provisions to include new offenses and stricter enforcement mechanisms, while also modifying existing requirements for correctional facilities and probation supervision.

REQUIREMENT

Jail overcrowding release requirements now exclude violent offenders, drug felons, and those with recent criminal history from being transferred to other counties.

County sheriffs must adopt probation standards established by the Utah Sheriffs' Association rather than creating their own.

Department of Corrections can only contract with county facilities for federal immigration or civil detention purposes.

New reporting requirements mandate county sheriffs to submit statistics on overcrowding releases and pretrial release data.

ENFORCEMENT

Strangulation or choking is now included as a criminal offense when committed during domestic violence in the presence of a child.

FISCAL

State funds are prohibited from operating syringe exchange programs, though local and federal funding remains allowed.

ELIGIBILITY

County jail officials cannot set monetary bail for misdemeanor domestic violence or DUI charges.

DEFINITION

The habitual offender definition was modified to include different thresholds for felony and misdemeanor convictions.

TIMELINE

The state daily incarceration rate calculation now includes specific rate caps and adjustment mechanisms for future fiscal years.

TECHNICAL

The Subcommittee on County Correctional Facility Contracting and Reimbursement was repealed.

Substitute #2 → Substitute #3 · 12 edits

MAJOR

This bill modifies Utah's criminal justice statutes to improve jail overcrowding management, standardize probation supervision, and update pretrial release procedures. Key changes include requiring sheriffs to establish maximum jail capacities and transfer or release prisoners when facilities reach capacity, prohibiting financial conditions for certain misdemeanor domestic violence and DUI offenses, and updating definitions of habitual offenders. The bill also adds new provisions regarding syringe exchange programs, private correctional facility housing restrictions, and expands pretrial release conditions.

Scope change

The bill expands the scope by adding new substantive provisions not present in the previous version, including restrictions on syringe exchange programs, limitations on private correctional facility contracts, and expanded definitions of federal officers with statewide law enforcement authority.

REQUIREMENT

Requires county sheriffs to establish maximum operating capacities for jail facilities and transfer or release prisoners when facilities reach capacity

Requires county sheriffs to report statistics on releases due to overcrowding and pretrial release

Prohibits the use of state funds for syringe exchange programs

Prohibits the Department of Corrections from housing inmates in private correctional facilities unless for federal immigration or civil detention

Adds strangulation or choking as a criminal offense included with the crime of commission of domestic violence in the presence of a child

Modifies provisions related to a magistrate's orders for pretrial release or detention

Requires that the Department of Corrections may only contract with a county facility to house state inmates in a county correctional facility

Repeals the Subcommittee on County Correctional Facility Contracting and Reimbursement

ELIGIBILITY

Prohibits county jail officials from setting financial conditions for individuals charged with certain misdemeanor domestic violence and driving under the influence offenses

DEFINITION

Modifies the definition of habitual offender and makes conforming changes to related statutes

Adds 'detention removal officer' to the definition of federal officers with statewide law enforcement authority

FISCAL

Modifies permitted uses for funds in the Adult Probation and Parole Employment Incentive Program

Substitute #1 → Substitute #2 · 8 edits

MODERATE

This bill modifies several criminal justice provisions in Utah, including changes to sheriff duties, probation standards, bail procedures, and indigent defense requirements. The most significant changes involve requiring sheriffs to follow Utah Sheriffs' Association standards for probation, modifying how minors convicted of aggravated murder can be housed, and adjusting the verification of indigency pilot program timeline.

Scope change

The bill expands certain sheriff responsibilities and modifies eligibility criteria for various criminal justice programs and procedures.

REQUIREMENT

Sheriffs must now establish probation standards and procedures based on Utah Sheriffs' Association guidelines rather than their own internal standards.

Sheriff duties now include compliance with court security rules and management of search and rescue services.

County jail officials are prohibited from setting monetary bail for certain misdemeanor domestic violence and DUI offenses.

Pretrial detention hearings must be held within 14 days of arrest, and judges cannot rely solely on risk assessment tools for detention decisions.

Probation standards must now include specific requirements for risk assessment, case planning, and differentiated treatment based on offender risk levels.

ELIGIBILITY

Minors convicted of aggravated murder who were 17 at the time of the crime and 18 or older at sentencing may now be housed in correctional facilities instead of juvenile secure care facilities under certain conditions.

TIMELINE

The verification of indigency pilot program in Cache, Davis, Duchesne, and San Juan counties is extended from ending June 30, 2025 to June 30, 2028.

DEFINITION

The definition of habitual offender was modified to adjust the number of prior convictions required for classification.

Introduced → Enrolled · 10 edits · Mar 26, 2025

MAJOR

This bill amends Utah's criminal justice code to modernize probation standards, restrict bail practices, and update definitions related to incarceration and indigent defense. Key changes include requiring sheriffs to adopt probation standards through the Utah Sheriffs' Association, prohibiting county jails from setting bail for certain domestic violence and DUI misdemeanors, and moving sex offender assessment requirements to the Department of Corrections. The bill also clarifies procedures for pretrial release, adds strangulation as a domestic violence offense in the presence of a child, and extends a pilot program for verifying indigency.

Scope change

The bill expands the scope of probation oversight by requiring standardized practices across all county sheriffs, modifies bail authority to restrict financial conditions for specific misdemeanor offenses, and shifts responsibility for sex offender assessments from the Department of Human Services to the Department of Corrections.

REQUIREMENT

County sheriffs must now adopt written probation standards and procedures consistent with Utah Sheriffs' Association standards, including risk-based supervision, validated assessments, and regular re-assessment of probationers.

Sex offender assessment requirements were moved from the Utah Code of Criminal Procedure to the Department of Corrections chapter, with new requirements for multi-domain assessments administered every 16 weeks in the first year.

County sheriffs must report statistics on releases due to overcrowding and pretrial release conditions to relevant committees.

ENFORCEMENT

County jail officials are prohibited from setting monetary bail for individuals charged with misdemeanor domestic violence or driving under the influence offenses, except under specific limited circumstances.

Strangulation or choking is now explicitly included as a criminal offense when committed in the presence of a child as part of domestic violence charges.

DEFINITION

The definition of 'habitual offender' was modified to change the number of prior convictions required from six to five for felonies, and from nine to five for misdemeanors, with adjusted timeframes.

The definition of 'pretrial status order' was expanded to include temporary orders issued by magistrates, and 'material change in circumstances' was defined to include unreasonable prosecution delays and changes in available release services.

TIMELINE

The verification of indigency pilot program was extended from ending June 30, 2025 to June 30, 2028, covering Cache, Davis, Duchesne, and San Juan counties.

ELIGIBILITY

Minors convicted of aggravated murder who are 17 at the time of the offense and 18 or older at sentencing may now be housed in correctional facilities rather than juvenile secure care facilities, with court review authority for prosecutors.

FISCAL

The Adult Probation and Parole Employment Incentive Program was modified to include recidivism percentage as a factor in determining incentive payments, with payments reduced to zero if recidivism increases.

Criminal Justice Amendments

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