HB 593: Bail Amendments - Utah

Substitute #1 → Substitute #2 · 4 edits

MODERATE

The bill was updated to include a new section requiring agencies to report data on supervised pretrial release individuals, adding a Senate sponsor, and changing the effective date from May to September 2026. A coordination clause was added to align this bill with a separate recodification bill, and the text was cleaned up to remove formatting errors and inconsistencies.

Scope change

The bill's scope expanded to include a new data reporting requirement for agencies supervising individuals on pretrial release.

REQUIREMENT

Added a new section (77-20-104) requiring law enforcement and pretrial agencies to submit annual data reports to the Commission on Criminal and Juvenile Justice regarding supervised individuals and new offenses.

TIMELINE

Changed the effective date of the bill from May 6, 2026, to September 1, 2026.

TECHNICAL

Added a Senate sponsor (Brady Brammer) and a coordination clause to ensure consistency with S.B. 323 if both bills pass.

Corrected formatting errors, inconsistent section references, and removed duplicate or conflicting text throughout the bill.

Amended 3/2/2026 14:03:885 → Substitute #1 · 6 edits

MODERATE

This bill updates Utah's bail and pretrial release laws to standardize how information is collected at booking, clarify when individuals can be released on their own recognizance, and restrict the use of risk assessment algorithms in judicial decisions. The changes aim to ensure fairer pretrial processes by requiring magistrates to consider specific factors like employment and community ties while prohibiting reliance solely on automated risk scores.

Scope change

The bill expands the scope of pretrial information collection to include financial details and immigration status, and it modifies eligibility criteria for release on one's own recognizance by adding restrictions for repeat non-traffic offenders.

REQUIREMENT

Jail facilities must now collect and submit specific pretrial information, including financial circumstances, immigration status, and lethality assessments, to the court upon booking.

ELIGIBILITY

County sheriffs are restricted from releasing individuals on their own recognizance if they have been arrested for non-traffic misdemeanors or felonies at least five times in the last three years.

ENFORCEMENT

The bill removes the requirement for magistrates to defer to a county jail official's initial financial bond amount when setting pretrial conditions.

Magistrates are now explicitly prohibited from basing pretrial release decisions solely on algorithmic risk assessment tool scores.

TIMELINE

The effective date of the bill was changed from March 2, 2026, to March 1, 2026.

TECHNICAL

Several sections were updated to remove redundant language and correct cross-references to other statutes.

Amended Excerpts 3/2/2026 14:03:885 → Amended 3/2/2026 14:03:885 · 5 edits

MODERATE

This bill updates Utah's bail laws to require more detailed pre-arrest information collection, expands the ability of county sheriffs to release individuals on their own recognizance for low-risk cases, and tightens restrictions on releasing repeat offenders. It also clarifies procedures for modifying bail orders when defendants cannot pay financial conditions.

Scope change

The bill expands the scope of information that must be collected before trial and clarifies the authority of county sheriffs to release individuals without a warrant, while maintaining strict detention rules for violent crimes and repeat offenders.

REQUIREMENT

Jail facilities and pretrial services must now collect and submit specific personal, financial, and community tie information to the court immediately after booking individuals arrested without a warrant.

Judges must make detailed written findings of fact regarding the risk of flight or danger to the public before ordering an individual's detention.

ELIGIBILITY

County sheriffs are now explicitly authorized to release individuals on their own recognizance if they meet specific low-risk criteria and are not subject to a 72-hour hold.

Judges are prohibited from releasing individuals on their own recognizance if they have been arrested for non-traffic crimes at least five times in the last three years or convicted of such crimes at least once in that period.

ENFORCEMENT

New procedures allow defendants to move to modify bail conditions if they cannot pay a financial condition within seven days of the order being issued.

Introduced → Amended Excerpts 3/2/2026 14:03:885 · 4 edits

MODERATE

The bill was amended to add stricter criteria for denying pretrial release on one's own recognizance. Specifically, it now allows a judge to deny release if the individual has been charged with or convicted of at least five non-traffic misdemeanors or felonies within the three years prior to the current arrest. This change tightens eligibility for release, aiming to reduce the risk of flight or danger to the community for repeat offenders.

Scope change

The scope of pretrial release restrictions was expanded to include a specific threshold of prior non-traffic charges and convictions within a three-year window.

ELIGIBILITY

Added a new condition allowing denial of release on one's own recognizance if the individual has five or more prior non-traffic misdemeanor or felony charges or convictions within three years of the current arrest.

Clarified that the new eligibility restriction applies to both charges and convictions, not just convictions alone.

TIMELINE

Established a specific three-year lookback period for counting prior non-traffic offenses.

SCOPE

Explicitly excluded traffic offenses from the count of prior offenses used to determine eligibility for release.

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