HB 370 — Sex Offender Oversight Amendments

370 a member of the Board of Pardons and Parole or acting against a family member of a judge or a member of the Board of Pardons and Parole, Section 76-8-316;

- 7 - HB0370 compared with HB0370S01 (xix) attempted murder with intent to impede, intimidate, interfere, or retaliate against a judge or a member of the Board of Pardons and Parole or acting against a family member of a judge or a member of the Board of Pardons and Parole, Section 76-8-316.6;

53-29-101.- 7 - H.B.

370 Enrolled Copy 53-29-101 (Effective 05/06/26).

(4)(4)(a) (a) "Convicted" means a plea or conviction of:

or - 8 - HB0370 compared with HB0370S01 (iii) no contest.

(7) "Kidnap offender" means an individual who meets the requirements under Subsection 53-29-202(2)53-29-202(2)(c). (c).

(9)(9)(a) (a) "Online identifier" means any electronic mail, chat, instant messenger, social networking, or similar name used for Internet communication.

(10) "Primary residence" means the [location] residence where an offender regularly resides, even if the offender intends to move to another [location] residence or return to another [location][ location] residence at a future date.

(12)- "Registration8 website"- meansEnrolled theCopy Sex,H.B. Kidnap, and Child Abuse Offender Notification and Registration website described in Section 53-29-404.

370 (12) "Registration website" means the Sex, Kidnap, and Child Abuse Offender Notification and Registration website described in Section 53-29-404.

(15)(15)(a) - 9 - HB0370 compared with HB0370S01 (a) "Residence" means a structure, or a portion of a structure, that is designed and intended for occupancy as a dwelling by one or more individuals.

53-29-301.53-29-301 (Effective 05/06/26).

53-29-302.53-29-302 (Effective 05/06/26) (Partially Repealed 01/01/30).

{(a)} (a) "Dynamic factors" means an individual's individual characteristics, issues, resources, or circumstances that:

or (B)- violating9 conditions- ofH.B. probation or parole.

(b)370 "Multi-domainEnrolled assessment"Copy means(B) anviolating evaluation process or tool that reports in quantitative and qualitative terms an offender's condition, stability, needs, resources, dynamic factors, and static - 10 - HB0370 compared with HB0370S01 factors that affect the offender's transition into the community and compliance with conditions of probation or parole.

(b) "Multi-domain assessment" means an evaluation process or tool that reports in quantitative and qualitative terms an offender's condition, stability, needs, resources, dynamic factors, and static factors that affect the offender's transition into the community and compliance with conditions of probation or parole.

{and} (b) comply with Subsection (10){.}(10); ;

and {(3)}(c) comply with the requirements described in Section 53-29-308.

[and] (b)(b)(i) (i) for an offender convicted after May 7, 2025, of an offense committed in this state that requires the individual to register as a sex offender, conduct, if available, multi-domain- assessments10 that- areEnrolled validatedCopy forH.B. the population and offense type of the offender to inform the treatment and supervision needs of the offender;

and370 -multi-domain 11assessments -that HB0370are comparedvalidated withfor HB0370S01 (ii) 30 days after the daypopulation onand whichoffense atype calendar quarterly period ends, submit the results of any risk assessments completed under Subsection (3)(b)(i) during the precedingoffender quarter to inform the Statetreatment Commissionand onsupervision Criminalneeds andof Juvenilethe Justice[.]offender; ;

{and}and (c)(ii) comply30 withdays after the day on which a calendar quarterly period ends, submit the results of any risk assessments completed under Subsection (10){.}(3)(b)(i) during the preceding quarter to the State Commission on Criminal and Juvenile Justice[.] ;

and(c) {(4)}comply ensure the Division of Adult Probation and Parole created in Section 64-14-202 complies with theSubsection requirements(10); described in Sections 53-29-309 and 64-14-203.

and (d) ensure the Division of Adult Probation and Parole created in Section 64-14-202 complies with the requirements described in Sections 53-29-309 and 64-14-203.

{and} (b) comply with Subsection (10){.}(10); ;

and {(5)}(c) {(a)} comply with the requirements described in Sections 17-72-301 and 53-29-308.

(5)(5)(a) (a) Except as provided in Subsection [(4)(b)] (4)(a)(ii),(5)(b), if an offender is sent on an assignment outside a secure facility, including being assigned for firefighting or disaster control, the official who has physical custody of the offender shall, within a reasonable time after the day of the offender's removal from the secure facility, notify the local law enforcement agencies where the offender is assigned.

(b) Subsection [(4)(a)] (4)(a)(i)(5)(a) does not apply to an offender temporarily released from a secure facility setting who is under the supervision of a correctional facility official.

-(8)(a) 12 - HB0370 compared with HB0370S01 (8) (a) A municipal or county law enforcement agency shall[ ] :

(i)- register11 an- offenderH.B. who resides within the agency's jurisdiction and is not under the supervision of the Division of Adult Probation and Parole within the Department of Corrections{;

370 Enrolled Copy (i) register an offender who resides within the agency's jurisdiction and (ii)is complynot withunder Subsectionthe (10)}[.]supervision of the Division of Adult Probation and Parole within the Department of Corrections[.] ;

(10) If an entity that is required to register an offender under this section discovers that a sex offender does not have a residential address to provide under Subsection 53-29-304(4)(a)(ii), the entity shall, within one business day after the day on which the entity discovers the information, coordinate with the departmentdepartment, {to begin monitoring the sex offender under the monitoring program described } , in accordance with Section 53-29-406{.}53-29-406, , to ensure that:

or - 13 - HB0370 compared with HB0370S01 (b) the responsible entity under Section 53-29-406 seeks an arrest warrant for the sex offender.

53-29-303.53-29-303 (Effective 05/06/26).

(1)- The12 court- shall,Enrolled afterCopy anH.B. offender is convicted of a registrable offense, within three business days after the day on which the conviction is entered, forward a signed copy of the judgment and sentence to the registry office.

370 (1) The court shall, after an offender is convicted of a registrable offense, within three business days after the day on which the conviction is entered, forward a signed copy of the judgment and sentence to the registry office.

(3)(3)(a) (a) An offender may change the offender's name in accordance with Title 42, Chapter 1, Change of Name, if the name change is not contrary to the interests of the public.

(6) {Upon } In accordance with Section 77-7-5, upon receipt of {a request for } an affidavit seeking an arrest warrant described in {Subsection 53-29-402(1)(b) } Section 53-29-308 or {(3)(c) } 53-29-309 for a sex offender, the court shall, within a reasonable time, consider and, if the court determines that there is probable cause that the sex offender has committed the violation described in the {request for } affidavit seeking the arrest warrant, issue a warrant for the arrest of the sex offender.

53-29-304.53-29-304 (Effective 05/06/26).

- 14 - HB0370 compared with HB0370S01 (a) if the offender is on probation or parole under the supervision of the Department of Corrections, register in person with the Division of Adult Probation and Parole;

(2) An offender registering under Subsection (1) shall register for the duration of the offender's- applicable13 registration- periodH.B. described in Section 53-29-203:

370 Enrolled Copy offender's applicable registration period described in Section 53-29-203:

(4)(4)(a) (a) When registering under Subsection (1), an offender shall provide the following information:

(viii) telephone numbers and any other designations used by the offender for routing or self-self-identification identification in telephonic communications from fixed locations or cellular telephones;

- 15 - HB0370 compared with HB0370S01 (ix) online identifiers and the addresses the offender uses for routing or self-identification in Internet communications or postings;

(xiii) all professional licenses that authorize the offender to engage in an occupation or- carry14 out- aEnrolled tradeCopy orH.B. business, including any identifiers, such as numbers;

370 or carry out a trade or business, including any identifiers, such as numbers;

- 16 - HB0370 compared with HB0370S01 (7) Except as provided in Subsection 53-29-404(7), in the case of an offender adjudicated in another jurisdiction as a juvenile and required to register under this chapter, the offender shall register in the time period and in the frequency consistent with the requirements of Subsection (3).

(8)(8)(a) (a) An offender required to register on the registry shall, in the month of the offender's birth:

and (B) on or after July 1, 2026, an annual fee determined by the department in accordance- with15 the- processH.B. in Section 63J-1-504;

370 Enrolled Copy accordance with the process in Section 63J-1-504;

53-29-305.53-29-305 (Effective 05/06/26).

(1) An offender who knowingly fails to register under this chapter[ or] , knowingly provides false or incomplete information, or knowingly fails to comply with the sex offender monitoring program described in Section 53-29-406, is guilty of:

- 17 - HB0370 compared with HB0370S01 (i) the offender is required to register for a registrable offense that is a felony or adjudicated delinquent for a registrable offense committed before May 3, 2023, that would be a felony if the juvenile were an adult;

(2)(2)(a) (a) The court or Board of Pardons and Parole may not release an individual who violates- this16 chapter- fromEnrolled servingCopy theH.B. term required under Subsection (1).

370 violates this chapter from serving the term required under Subsection (1).

Section 953-29-308 is enacted to read:

53-29-308.53-29-308 (Effective 05/06/26).

(a) "County"Law ofenforcement theinterlocal firstentity" class" means aan countyinterlocal thatentity isunder classifiedTitle by11, populationChapter as13, aInterlocal countyCooperation ofAct, thethat firstprovides classlaw underenforcement Sectionservices. 17-60-104.

(b) "Law enforcement interlocalspecial entity"district" means ana interlocaldistrict entity under Title 11, Chapter 13, Interlocal Cooperation Act, that provides law enforcement services.services under:

(c) "Law enforcement special district" means a district that provides law enforcement services under:

(d)(c) "Monitoring program" means the same as the term "program" is defined in Section 53-29-406.

(e)(d) "Municipal law enforcement agency" means a law enforcement agency that is operated by:

-(e) 18 - HB0370 compared with HB0370S01 (f) "Municipality" means the same as that term is defined in Section 10-1-104.

(3)(3)(a) (a) A municipal law enforcement agency shall accept and begin monitoring program oversight responsibility as described in Subsection (3)(b) if the municipal law enforcement agency:agency has accepted responsibility for the monitoring program for sex offenders in the municipal law enforcement agency's jurisdiction under a written agreement with the sheriff of the county in which the municipal law enforcement - 17 - H.B.

(i)370 isEnrolled locatedCopy inagency ais countylocated. of the first class;

or (ii) has accepted responsibility for the monitoring program for sex offenders in the municipal law enforcement agency's jurisdiction under a written agreement with the sheriff of the county in which the municipal law enforcement agency is located.

and - 19 - HB0370 compared with HB0370S01 (d) comply with other procedures established by the department.

Section 1053-29-309 is enacted to read:

53-29-309.53-29-309 (Effective 05/06/26).

Division of Adult Probation and Parole responsibilities- for18 sex- offenderEnrolled registrantCopy monitoringH.B. and arrest.

370 responsibilities for sex offender registrant monitoring and arrest.

53-29-402.53-29-402 (Effective 05/06/26).

- 20 - HB0370 compared with HB0370S01 (1) The department shall:

{(b) {establish a system that will automatically request an arrest warrant from a court for a sex offender who has violated Section 53-29-305 if the sex offender's violation is for failing to comply with the registration requirement under Subsection 53-29-304(2)(a) or (b);} } (b) establish and maintain the monitoring program described in Section 53-29-406;

(c) develop and provide {a four-hour } an online training program for an individual who, as part of the individual's regular job responsibilities:

[(b)] (d) ensure that the registration information collected regarding an offender's enrollment- or19 employment- atH.B. an educational institution is:

(i)370 (A)Enrolled promptlyCopy madeenrollment availableor toemployment anyat lawan enforcement agency that has jurisdiction where the institution is located if the educational institution isis: an institution of higher education;

(i)(A) promptly made available to any law enforcement agency that has jurisdiction where the institution is located if the educational institution is an institution of higher education;

(2)(2)(a) (a) When the department receives offender registration information regarding a change of an offender's primary residence, the department shall, within five days after the day on which the department receives the information, electronically notify the law enforcement agencies that have jurisdiction over the area where:

- 21 - HB0370 compared with HB0370S01 (i) between law enforcement agency jurisdictions;

(3) {(a)The For a sex offender, the department shall verify whether the sex offender resides at the provided residential address under Subsection 53-29-304(4)(a)(ii) within three business days from the day on which the department receives the address.} {(b) To conduct the verification described in Subsection (3)(a), the department may relymake onadministrative personnelrules from:}necessary {(i)to theimplement department;}this {(ii)chapter, theincluding: Division of Adult Probation and Parole created in Section 64-14-202;

or} {(iii) a law enforcement agency.} {(c) {If the department determines under Subsection (3)(a) that the sex offender does not reside at the address described in Subsection (3)(a), the department shall request an arrest warrant from a court.} {(4)} The department may make administrative rules necessary to implement this chapter, including:

Section 1253-29-406 is enacted to read:

53-29-406.53-29-406 (Effective 05/06/26).

Monitoring program for sex offenders--offenders -- Arrest warrant procedures.

(a){(b)}(b) "Monitoring" means time-correlated tracking of the geographic location of a monitored individual using GPS-based satellite or other location technology.

(b){(c)}(c) "Program" means the monitoring program created under this section.

(2)- (a)20 To- deterEnrolled recidivismCopy andH.B. protect the community, the department shall establish a program for the monitoring of sex offenders who are unable to provide the required residence information under Subsection 53-29-304(4)(a)(ii).

370 (2)(a) To deter recidivism and protect the community, the department shall establish a program for the monitoring of sex offenders who are unable to provide the required residence information under Subsection 53-29-304(4)(a)(ii).

- 22 - HB0370 compared with HB0370S01 (a) a requirement that the monitoring of a sex offender under the program begin within one business day after the day on which a law enforcement officer, a probation or parole officer, the department, or an entity described in Section 53-29-302, discovers that the sex offender is unable to provide the required residence information under Subsection 53-29-304(4)(a)(ii);

(b){(c)}(c) except as provided in Subsection {(5)} (4), a requirement that a sex offender is responsible for paying all or part of the cost incurred by the sex offender's participation in the program;

{(c) {a procedure for a sex offender to appeal to the department a determination that the sex offender is required be monitored under the program;} } (d) a process for a sex offender who is in the program to request a redetermination by the department as to whether the sex offender is required to continue in the program;

(e) a requirement that the location of a sex offender under the program may only be tracked as often as once per {24-hour } 12-hour period;

{and} (f) where possible, the use of monitoring systems and technology that have minimal charging, battery, or maintenance requirements{.}requirements; ;

(4) A sex offender is not required to pay the cost described in Subsection (3)(c) if the sex offender demonstrates to the department that the sex offender does not have the ability to- pay.21 - H.B.

(4){(5)}370 AEnrolled sexCopy offender required to bepay. monitored under this section who fails to comply with the program is guilty of a violation of Section 53-29-305.

(6)(5) (5){(a)}A {A sex offender is not required to paybe themonitored costunder }this Thesection procedurewho describedknowingly infails Subsection {(3)(b) if the sex offender demonstrates to }comply (3)(g)with shall require the departmentprogram {thatis theguilty } , upon learning - 23 - HB0370 compared with HB0370S01 of a sexviolation offenderof {doesSection not53-29-305. have the ability } described in Subsection (3)(g), to {pay.} notify, as soon as practicable:

(6)(a) The procedure described in Subsection (3)(g) shall require the department, upon learning of a sex offender described in Subsection (3)(g), to notify, as soon as practicable:

(6){(7)}(7) The department shall make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to establish the requirements, procedures, and processes under this section.

64-14-203.64-14-203 (Effective 05/06/26).

(c) supply the information described in Section 53-10-209 that is required to be submitted to the Criminal Investigations and Technical Services Division created in Subsection- 53-10-103(2);22 - Enrolled Copy H.B.

(d)370 comply with the use of funds requirement for outpatient treatment services for those convicted of an offense under Title 76, Chapter 5, Part 4, Sexual Offenses, as described in Subsection 59-27-105(4)53-10-103(2); (c);

-(d) 24comply -with HB0370the compareduse withof HB0370S01funds (e)requirement monitorfor theoutpatient statustreatment services for those convicted of an offenderoffense withunder aTitle mental76, conditionChapter who5, hasPart been4, placedSexual onOffenses, parole as described in Subsection 77-16a-205(4);59-27-105(4)(c);

(e) monitor the status of an offender with a mental condition who has been placed on parole as described in Subsection 77-16a-205(4);

and (b) upon approval by the court or the Board of Pardons and Parole, impose as a sanction for an individual's violation of the terms of probation or parole a period of incarceration- of23 not- moreH.B. than three consecutive days and not more than a total of six days within a period of 30 days.

370 Enrolled Copy incarceration of not more than three consecutive days and not more than a total of six days within a period of 30 days.

77-7-5.77-7-5 (Effective 05/06/26).

- 25 - HB0370 compared with HB0370S01 (1) As used in this section:

(2)(2)(a) (a) A magistrate may issue a warrant for arrest in lieu of a summons for the appearance of the accused only upon finding:

or (ii)- protect24 the- publicEnrolled safetyCopy andH.B. welfare of the community or an individual.

370 (ii) protect the public safety and welfare of the community or an individual.

- 26 - HB0370 compared with HB0370S01 (ii) the person to be arrested is upon a public highway, in a public place, or in a place open to or accessible to the public;

(6)(6)(a) (a) If the magistrate determines that the accused must appear in court, the magistrate shall include in the arrest warrant the name of the law enforcement agency in the county or municipality with jurisdiction over the offense charged.

(b)(b)(i) (i) The law enforcement agency identified by the magistrate under Subsection (6)(a) is responsible for providing inter-county transportation of the defendant, if necessary, from the arresting law enforcement agency to the court site.

Effective date.

2-12-26 5:38 PM - 2725 -