SB 323: Criminal and Juvenile Justice Recodification - Utah

Substitute #1 → Substitute #2 · 2 edits

MINOR

The primary change between Substitute #1 and Substitute #2 is a renaming of the newly created agency from 'Department of Criminal Justice' to 'Department of Criminal Justice Services' throughout the entire bill. This affects the long title, definitions, and every cross-reference where the department is mentioned. No substantive policy changes were made - no new programs, funding, eligibility criteria, or enforcement mechanisms were added or removed.

DEFINITION

The name of the newly created agency was changed from 'Department of Criminal Justice' to 'Department of Criminal Justice Services' in all locations throughout the bill, including the long title, section definitions (17-72-101 and 17E-2-101), and all cross-references in sections amending other statutes.

TECHNICAL

In Section 14 (26B-5-801), the title of the department head serving on the Utah Substance Use and Mental Health Advisory Committee was changed from 'executive director' to 'commissioner' to align with the renamed department's leadership structure.

Introduced → Enrolled · 3 edits · Mar 23, 2026

MINOR

The Enrolled version of SB 323 delays the effective date from May 6, 2026 to July 1, 2026, and adds coordination clauses with 17 other pending bills (including H.B. 122, H.B. 220, S.B. 86, and others). The substantive statutory text of the recodification itself is unchanged between versions. These changes ensure the bill takes effect after the legislative session ends and prevents conflicts if companion bills also pass.

TIMELINE

All effective dates changed from May 6, 2026 to July 1, 2026, delaying when the entire recodification takes effect by approximately two months.

SCOPE

Coordination clauses were added with 17 other bills (H.B. 122, H.B. 220, H.B. 271, H.B. 230, S.B. 13, H.B. 34, H.B. 48, H.B. 188, H.B. 274, S.B. 233, S.B. 313, S.B. 86, H.B. 90, H.B. 137, S.B. 145, H.B. 72, and S.B. 35). If any of those bills also become law, specific provisions in this bill will automatically adjust to avoid conflicts.

TECHNICAL

The 'Other Special Clauses' section changed from 'None' to state that the bill provides a special effective date and coordination clauses.

Amended 3/6/2026 16:03:66 → Substitute #1 · 7 edits

MODERATE

This bill recodifies Utah's criminal and juvenile justice laws into a new Title 75E, creating a new Department of Criminal Justice to consolidate various agencies under one commissioner. It updates definitions to reflect the new department name, modifies reporting requirements for recidivism and DUI data, and adjusts the composition and duties of the Public Safety Data Management Task Force. The legislation also clarifies jail capacity rules, expands seizure authority for vehicles involved in road rage, and updates retirement system eligibility for staff in the new criminal justice department.

Scope change

The bill significantly changes the organizational scope by establishing a new Department of Criminal Justice and renumbering hundreds of existing statutes to align with this new structure, while also expanding the scope of vehicle seizure laws and data reporting requirements.

STRUCTURE

Created a new Title 75E and the Department of Criminal Justice to centralize administration of criminal and juvenile justice programs.

DEFINITION

Updated definitions in Title 17 to replace references to the 'State Commission on Criminal and Juvenile Justice' with the new 'Department of Criminal Justice'.

REQUIREMENT

Amended recidivism reporting requirements to direct data collection to the new Department of Criminal Justice instead of the Commission.

Modified the Public Safety Data Management Task Force to include representatives from the new Department of Criminal Justice and updated its reporting obligations.

ENFORCEMENT

Expanded the circumstances under which peace officers may seize vehicles, specifically adding provisions for vehicles involved in 'road rage events'.

ELIGIBILITY

Updated retirement system eligibility rules to include senior staff in the new Department of Criminal Justice as eligible for defined benefit balance transfers.

TECHNICAL

Renumbered and reorganized hundreds of existing code sections to fit within the new Title 75E structure.

Amended Excerpts 3/6/2026 16:03:66 → Amended 3/4/2026 18:03:90 · 5 edits

MODERATE

This bill recodifies and amends Utah's criminal and juvenile justice laws by creating a new Department of Criminal Justice and renumbering existing statutes. It updates definitions for terms like 'prisoner' and 'in-custody death,' establishes new reporting requirements for county jails regarding overcrowding and inmate deaths, and modifies rules for voter registration at driver's license offices. The changes aim to centralize criminal justice administration, improve data transparency, and clarify legal terminology across various state agencies.

Scope change

The bill's scope expanded to include the creation of a new Department of Criminal Justice and the renumbering of multiple existing titles and chapters under this new department, while also adding specific reporting mandates for county jails.

DEFINITION

Added new definitions for 'Commissary account,' 'Cross-sex hormone treatment,' 'Medication assisted treatment plan,' and 'Primary sex characteristic surgical procedure' to clarify legal terminology.

REQUIREMENT

Modified county jail reporting requirements to include detailed data on overcrowding releases, in-custody deaths, and substance use treatment protocols, with stricter rules on releasing violent offenders due to capacity issues.

Added requirements for criminal justice coordinating councils in counties to develop strategic plans for recidivism reduction and community reintegration.

ELIGIBILITY

Modified voter registration eligibility by restricting registration at driver's license offices for individuals participating in the Safe at Home Program.

TECHNICAL

Modified numerous existing statutes by renumbering them under the new Title 75E (Criminal and Juvenile Justice Administration) and updating references to the old Commission on Criminal and Juvenile Justice to the new Department of Criminal Justice.

Amended Excerpts 3/4/2026 18:03:90 → Amended Excerpts 3/6/2026 16:03:66 · 3 edits

MINOR

The bill was amended to correct a formatting error in the header and to update the composition of the Sentencing Commission. The most significant change is increasing the number of voting members on the commission from 15 to 17, which expands the body responsible for setting sentencing guidelines. Additionally, the amendment clarifies that commission members must be elected, and it updates the list of required members to include the executive director of the Department of Corrections.

Scope change

The scope of the Sentencing Commission was expanded by increasing the number of voting members from 15 to 17.

REQUIREMENT

The number of voting members on the Sentencing Commission was increased from 15 to 17.

The requirement for commission members to be elected was clarified and the list of required members was updated to include the executive director of the Department of Corrections.

TECHNICAL

A header formatting error was corrected to align the amendment date and time.

Enrolled → Amended Excerpts 3/4/2026 18:03:90 · 4 edits

MODERATE

This amendment updates the bill text to reflect the creation of a new Department of Criminal Justice, replacing references to the State Commission on Criminal and Juvenile Justice in several sections. It also corrects a typo in the definition of 'post-incarceration services' by changing 'services' to 'services' (removing a duplicate word). These changes ensure the legislation consistently refers to the new administrative structure established by the bill.

Scope change

The bill's scope remains focused on recodifying criminal justice laws under a new departmental structure; the amendment does not alter the substantive scope or applicability of the law.

DEFINITION

Updated references from 'State Commission on Criminal and Juvenile Justice' to 'Department of Criminal Justice' to align with the new departmental structure created by the bill.

Corrected a typo in the definition of 'post-incarceration services' in Section 17E-2-101 by removing a duplicate word.

REQUIREMENT

Adjusted reporting requirements in Section 17-72-408 to direct reports to the Department of Criminal Justice instead of the Commission on Criminal and Juvenile Justice.

ENFORCEMENT

Updated enforcement and oversight language in Section 17-72-408 to assign authority to the Department of Criminal Justice rather than the Commission.

Criminal and Juvenile Justice Recodification

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