HB 230 — Offender Amendments

(1)(1)(a) (a) The holder of a valid license may renew the holder's license and any endorsement to the license by applying:

(2)(2)(a) (a) Except as provided under Subsections (2)(b) and (3), upon application for renewal of a regular license certificate, provisional license, and any endorsement to a regular license certificate, the division shall reexamine each applicant as if for an original license and endorsement to the license, if applicable.

(i)- reexamine4 each- applicantEnrolled asCopy ifH.B. for an original limited-term license certificate and endorsement to the limited-term license certificate, if applicable;

230 (i) reexamine each applicant as if for an original limited-term license certificate and endorsement to the limited-term license certificate, if applicable;

(3)(3)(a)(i) (a) - 5 - HB0230 compared with HB0230S03 (i) Except as provided under Subsections (3)(b) and (c), the division may renew or extend a regular license certificate or any endorsement to the regular license certificate for eight years without examination for licensees whose driving records for the eight years immediately preceding the determination of eligibility for extension show:

(b) Except as provided in Subsection (3)(g), after the expiration of a regular license certificate,- a5 new- regularH.B. license certificate and any endorsement to a regular license certificate may not be issued until the person has again passed the tests under Section 53-3-206 and paid the required fee.

230 Enrolled Copy certificate, a new regular license certificate and any endorsement to a regular license certificate may not be issued until the person has again passed the tests under Section 53-3-206 and paid the required fee.

and - 6 - HB0230 compared with HB0230S03 (ii) presented documentary evidence that the status by which the individual originally qualified for the limited-term license certificate has been extended by the United States Citizenship and Immigration Services or other authorized agency of the United States Department of Homeland Security.

53-3-805.- 6 - Enrolled Copy H.B.

230 53-3-805 .

-(2)(a) 7 - HB0230 compared with HB0230S03 (2) (a) The division shall issue an identification card that bears:

(3)(3)(a) (a) The card shall be of an impervious material, resistant to wear, damage, and alteration.

(5)(5)(a) (a) The division shall include or affix an invisible condition identification symbol on an individual's identification card if the individual or the individual's authorized guardian, on a form prescribed by the department:

(ii)- provides7 written- verificationH.B. from a health care professional that the individual is an individual with an invisible condition;

230 Enrolled Copy (ii) provides written verification from a health care professional that the individual is an individual with an invisible condition;

- 8 - HB0230 compared with HB0230S03 (B) any person who has access to the individual's medical information as recorded on the individual's driving record or the Utah Criminal Justice Information System under this chapter;

(D) a local law enforcement agency that receives a copy of the form described in this Subsection (5)(5)(a) (a) and enters the contents of the form into the local law enforcement agency's record management system or computer-aided dispatch system;

(e) The inclusion of an invisible condition identification symbol on an individual's identification card in accordance with Subsection (5)(a) does not confer any legal rights- or8 privileges- onEnrolled theCopy individual,H.B. including parking privileges for individuals with disabilities under Section 41-1a-414.

(f)230 Forrights eachor individualprivileges issuedon an identification card under this section that includes an invisible condition identification symbol, the divisionindividual, shallincluding includeparking inprivileges thefor division'sindividuals database a brief - 9 - HB0230 compared with HB0230S03disabilities descriptionunder ofSection the41-1a-414. nature of the individual's invisible condition in the individual's record and provide the brief description to the Utah Criminal Justice Information System.

(f) For each individual issued an identification card under this section that includes an invisible condition identification symbol, the division shall include in the division's database a brief description of the nature of the individual's invisible condition in the individual's record and provide the brief description to the Utah Criminal Justice Information System.

(6)(6)(a) (a) If the division receives a notification from a court as provided in Section 41-6a-505, 41-6a-509, 76-5-102.1, or 76-5-207, that an individual is an interdicted person, the division:

(b)(b)(i) (i) An individual may voluntarily apply for an identification card that includes an interdicted person identifier.

(d) The division may charge an administrative fee as described in Subsection 53-3-105(40) to an individual to process and provide an identification card with an interdicted- person9 identifier.- H.B.

230 Enrolled Copy interdicted person identifier.

-(8)(a) 10 - HB0230 compared with HB0230S03 (8) (a) The indication of intent under Subsection 53-3-804(2)(j) shall be authenticated by the applicant in accordance with division rule.

(b)(b)(i) (i) Notwithstanding Title 63G, Chapter 2, Government Records Access and Management Act, the division may, upon request, release to an organ procurement organization, as defined in Section 26B-8-301, the names and addresses of all individuals who under Subsection 53-3-804(2)(j) indicate that they intend to make an anatomical gift.

(11)(11)(a) (a) The division may issue a temporary regular identification card to an individual while the individual obtains the required documentation to establish verification of the information described in Subsections 53-3-804(2)(a), (b), (c), (d), and (i)(i).

(i)- when10 the- individual'sEnrolled regularCopy identificationH.B. card has been issued;

230 (i) when the individual's regular identification card has been issued;

- 11 - HB0230 compared with HB0230S03 (i) the Department of Corrections in providing an inmate with a temporary regular identification card as described in Section 64-13-10.6[.] ;

64-13-6.64-13-6 .

(k) cooperate and exchange information with other state, local, and federal law enforcement- agencies11 to- achieveH.B. greater success in prevention and detection of crime and apprehension of criminals;

230 Enrolled Copy enforcement agencies to achieve greater success in prevention and detection of crime and apprehension of criminals;

- 12 - HB0230 compared with HB0230S03 (m) establish a case action plan based on appropriate validated risk, needs, and responsivity assessments for each offender as follows:

(i)(i)(A) (A) if an offender is to be supervised in the community, the department shall establish a case action plan for the offender no later than 60 days after the day on which the department's community supervision of the offender begins;

(o) ensure that any training or certification required of a public official or public employee,- as12 those- termsEnrolled areCopy definedH.B. in Section 63G-22-102, complies with Title 63G, Chapter 22, State Training and Certification Requirements, if the training or certification is required:

-230 13employee, -as HB0230those comparedterms are defined in Section 63G-22-102, complies with HB0230S03Title (i)63G, underChapter this22, title;State Training and Certification Requirements, if the training or certification is required:

(i) under this title;

or (b)- an13 employee- ofH.B. the department has committed a criminal offense.

(3)230 (a)Enrolled TheCopy executive(b) directoran ofemployee the department, or the executive director's designee if the designee possesses expertise in correctional programming, shall consult at least annually with cognitive and - 14 - HB0230 compared with HB0230S03 career-readiness staff experts from the Utah system of higher education and the Statedepartment Boardhas ofcommitted Educationa tocriminal reviewoffense. the department's evidence-based and evidence-informed treatment and program opportunities.

(3)(a) The executive director of the department, or the executive director's designee if the designee possesses expertise in correctional programming, shall consult at least annually with cognitive and career-readiness staff experts from the Utah system of higher education and the State Board of Education to review the department's evidence-based and evidence-informed treatment and program opportunities.

(i) the department's implementation of and offender participation in evidence-based and evidence-evidence-informed informed treatment and program opportunities designed to reduce the criminogenic and recidivism risks of offenders over time;

(4)(4)(a) (a) As used in this Subsection (4):

(c)(c)(i) (i) If an offender has an unpaid balance of the offender's accounts receivable at the time that the offender's sentence expires or terminates, the department shall be referred to the sentencing court for the sentencing court to enter a civil judgment of restitution and a civil accounts receivable as described in Section 77-18-114.

(ii) If the board makes an order for restitution within 60 days from the day on which the offender's sentence expires or terminates, the board shall refer the order for restitution to the sentencing court to be entered as a civil judgment of restitution as described- in14 Section- 77-18-114.Enrolled Copy H.B.

230 described in Section 77-18-114.

-(5)(a) 15 - HB0230 compared with HB0230S03 (5) (a) The department may procure or adopt technology services to facilitate the coordination of services and enhance accountability with agencies, local partners, and community-based organizations that are involved with assisting individuals on probation or parole.

64-13-10.6.64-13-10.6 .

(2) The department shall notify the Board of Pardons and Parole not fewer than 30 days [prior[ prior to] before an offender's release of:

and (b)- any15 specific- conditionsH.B. of parole necessary to better facilitate transition to the community.

(3)230 (a)Enrolled AtCopy least(b) sixany monthsspecific beforeconditions the projected date of anparole inmate'snecessary releaseto frombetter incarceration,facilitate iftransition practicable,to the departmentcommunity. shall follow the procedures described in Section 64-13-10.4.

-(3)(a) 16At -least HB0230six comparedmonths withbefore HB0230S03 (b) If the departmentprojected isdate notified of thean inmate's release andfrom theincarceration, remainingif termpracticable, of incarceration is for less than six months, the department shall follow the procedures described in Section 64-13-10.464-13-10.4. as soon as practicable after the department receives notification of the inmate's release date.

(b) If the department is notified of the inmate's release and the remaining term of incarceration is for less than six months, the department shall follow the procedures described in Section 64-13-10.4 as soon as practicable after the department receives notification of the inmate's release date.

or (b) as soon as possible, upon notification of the inmate's release, if the release is in [shorter][ shorter] less than six months.

(5)(5)(a) (a) If an inmate accepts assistance in obtaining a current state-issued identification card or driver license, as described in Subsection 64-13-10.4(4), the department shall coordinate with the Driver License Division to:

(i)(i)(A) (A) obtain a duplicate of the inmate's state-issued driver license, as described in Section 53-3-215;

or (ii)(ii)(A) (A) extend the inmate's state-issued regular identification card, as described in Section 53-3-807;

(b)(b)(i) (i) Subject to Subsection (5)(b)(ii), the department shall ensure that within the last seven days of the inmate's incarceration, the inmate meets with the Driver License Division to be issued a duplicate driver license, a renewed driver license, an extended regular identification card, or a temporary regular identification card, as described in Subsection (5)(a).

(ii) If an inmate is released from a facility other than a state correctional facility, the department shall coordinate with that correctional facility and the Driver License Division- in16 assisting- theEnrolled inmateCopy inH.B. meeting with the Driver License Division.

-230 17Division -in HB0230assisting compared with HB0230S03 (c) Before the inmate meetsin meeting with the Driver License Division,Division. as described in Subsection (5)(b)(i), the department shall ensure that the inmate is provided all required documentation and information the department possesses for the inmate to obtain a document listed in Subsection (5)(a), including:

(c) Before the inmate meets with the Driver License Division, as described in Subsection (5)(b)(i), the department shall ensure that the inmate is provided all required documentation and information the department possesses for the inmate to obtain a document listed in Subsection (5)(a), including:

and (ii) a voucher for payment toward any one of the documents listed in Subsection (5)(a), up to the cost of [a temporary regular identification card described in Subsection {[} 53-3-805(10)] {53-3-805(11)} an original class D license application under Section 53-3-205.

(6)(6)(a) (a) Subsections (4) and (5) do not apply to an inmate that is not:

64-13-45.64-13-45 .

(b)(b)(i) (i) "In-custody death" means an inmate death that occurs while the inmate is in the custody of the department.

- 1817 - HB0230H.B. compared with HB0230S03 (i) the known, or discoverable on reasonable inquiry, causes and contributing factors of each of the in- custody deaths described in Subsection (2)(a);

230 Enrolled Copy (i) the known, or discoverable on reasonable inquiry, causes and contributing factors of each of the in-custody deaths described in Subsection (2)(a);

and (ii) removed and assigned to a living area with inmates whose biological sex at birth corresponds with the transgender inmate's biological sex at birth in accordance with Subsection 64-13-7(6);[ {[} and] (f) any report the department provides or is required to provide under federal law or regulation relating to inmate deaths[.] ;

and - 19 - HB0230 compared with HB0230S03 (g) data on financial condition incentives and incentives that may reduce sentence length that are offered to inmates, including:

(i)- the18 types- ofEnrolled incentivesCopy thatH.B. currently exist;

230 (i) the types of incentives that currently exist;

64-14-203.64-14-203 .

(d) 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)59-27-105(4)(c); (c);

- 20 - HB0230 compared with HB0230S03 (f) comply with the requirements described in Title 77, Chapter 18, The Judgment;

(g)- in19 accordance- withH.B. the adult sentencing and supervision length guidelines described in Section 63M-7-404.3, notify the Board of Pardons and Parole of parole violations;

230 Enrolled Copy (g) in accordance with the adult sentencing and supervision length guidelines described in Section 63M-7-404.3, notify the Board of Pardons and Parole of parole violations;

(k) for an individual under supervision by the division who violates a sentencing protective order issued under Title 78B, Chapter 7, Part 8, Criminal Protective Orders, report the violation to the court and notify the victim protected by the order of the violation as required by Section 78B-7-807;[ {[} and] (l) track and report annually, on or before August 31, to the State Commission on Criminal and Juvenile Justice, the following housing data as of July 1 of each year for individuals who are currently under parole supervision:

and - 21 - HB0230 compared with HB0230S03 (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- of20 not- moreEnrolled thanCopy threeH.B. consecutive days and not more than a total of six days within a period of 30 days.

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

77-18-105.77-18-105 .

(3)(3)(a) (a) The legal custody of all probationers under the supervision of the division is with the department.

(4)(4)(a) (a) Court probation may include an administrative level of services, including notification to the sentencing court of scheduled periodic reviews of the probationer's compliance with conditions.

(c) If a court orders supervised probation and determines that a public probation provider is unavailable or inappropriate to supervise the defendant, the court shall make available to the defendant the list - 22 - HB0230 compared with HB0230S03 of private probation providers prepared by a criminal justice coordinating council under Section 17E-2-201.

(5)(5)(a) (a) Before ordering supervised probation, the court shall consider the supervision costs- to21 the- defendantH.B. for each entity that can supervise the defendant.

(b)230 (i)Enrolled ACopy courtcosts may order an agency of a local government to supervise the probationdefendant for aneach individualentity convictedthat ofcan anysupervise crimethe if:defendant.

(b)(i) A court may order an agency of a local government to supervise the probation for an individual convicted of any crime if:

(6)(6)(a) (a) If a defendant is placed on probation, the court may order the defendant as a condition of the defendant's probation:

- 23 - HB0230 compared with HB0230S03 (vi) to participate in compensatory service programs, including the compensatory service program described in Section 76-3-410;

or (ix) to comply with other terms and conditions the court considers appropriate to ensure- public22 safety- orEnrolled increaseCopy aH.B. defendant's likelihood of success on probation.

(b)230 Ifensure apublic defendantsafety isor placedincrease on probation and a condition of the defendant's probationlikelihood isof routinesuccess oron randomprobation. drug testing, the defendant shall sign a waiver{,}[ {[} consistent with the Health Insurance Portability and Accountability Act, 42 U.S.C.

(b) If a defendant is placed on probation and a condition of the defendant's probation is routine or random drug testing, the defendant shall sign a waiver[ consistent with the Health Insurance Portability and Accountability Act, 42 U.S.C.

(c)(c)(i) (i) Notwithstanding Subsection (6)(a)(iv), the court may modify the probation of a defendant to include a period of time that is served in a county jail immediately before the termination of probation as long as that period of time does not exceed one year.

(7)(7)(a) (a) Except as provided in Subsection (7)(b), probation of an individual placed on probation after December 31, 2018:

and - 24 - HB0230 compared with HB0230S03 (iii) shall be terminated in accordance with the adult sentencing and supervision length guidelines, as defined in Section 63M-7-401.1, to the extent the guidelines are consistent with the requirements of the law.

(d)- This23 Subsection- (7)H.B. does not apply to the probation of an individual convicted of an offense for criminal nonsupport under Section 76-7-201.

(8)230 (a)Enrolled NotwithstandingCopy Subsection(d) (7),This ifSubsection there(7) isdoes annot unpaidapply balanceto of the criminalprobation accountsof receivablean forindividual theconvicted defendant upon termination of thean probationoffense period for the defendant under Subsection (7), the court may require the defendant to continue to make payments towards the criminal accountsnonsupport receivable in accordance with the payment schedule established by the court under Section 77-32b-103.76-7-201.

(8)(a) Notwithstanding Subsection (7), if there is an unpaid balance of the criminal accounts receivable for the defendant upon termination of the probation period for the defendant under Subsection (7), the court may require the defendant to continue to make payments towards the criminal accounts receivable in accordance with the payment schedule established by the court under Section 77-32b-103.

(d)(d)(i) (i) Upon a motion from the prosecuting attorney, the victim, or upon the court's own motion, the court may require a defendant to show cause as to why the defendant's failure to pay in accordance with the payment schedule should not be treated as contempt of court.

- 25 - HB0230 compared with HB0230S03 (e) This Subsection (8) does not apply to the probation of an individual convicted of an offense for criminal nonsupport under Section 76-7-201.

77-27-10.77-27-10 .

(1)(1)(a) (a) When the Board of Pardons and Parole releases an offender on parole, it shall, in accordance with Section 64-14-204, issue to the parolee a certificate setting forth the conditions of parole, including the graduated and evidence-based responses to a violation- of24 a- conditionEnrolled ofCopy paroleH.B. established in the adult sentencing and supervision length guidelines, as defined in Section 63M-7-401.1, which the offender shall accept and agree to as evidenced by the offender's signature affixed to the agreement.

230 violation of a condition of parole established in the adult sentencing and supervision length guidelines, as defined in Section 63M-7-401.1, which the offender shall accept and agree to as evidenced by the offender's signature affixed to the agreement.

or (ii)(ii)(A) (A) the inmate has engaged in criminal conduct prior to the granting of parole;

(c)(c)(i) (i) A copy of the agreement shall be delivered to the Department of Corrections and a copy shall be given to the parolee.

(2)(2)(a) (a) If an offender convicted of violating or attempting to violate Section 76-5-301.1, 76-5-302, 76-5-402, 76-5-402.1, 76-5-402.2, 76-5-402.3, 76-5-403, 76-5-403.1, 76-5-404, 76-5-404.1, - 26 - HB0230 compared with HB0230S03 76-5-404.3, or 76-5-405, is released on parole, the board shall order outpatient mental health counseling and treatment as a condition of parole.

(3)(3)(a)(i) (a) (i) In addition to the conditions set out in Subsection (1), the board may place offenders in an intensive early release parole program.

(iii)- determine25 whether- [orH.B. not ]to refer an offender into this program within 120 days from the date the offender is committed to prison by the sentencing court;

230 Enrolled Copy (iii) determine whether [or not ]to refer an offender into this program within 120 days from the date the offender is committed to prison by the sentencing court;

- 27 - HB0230 compared with HB0230S03 (5) In addition to the conditions of parole described in this section, and if a condition of the offender's parole is routine or random drug testing, the board shall order the offender to sign a waiver{,}[waiver[ {[} consistent with the Health Insurance Portability and Accountability Act, 42 U.S.C.

Effective date.

1-29-26 3:35 PM - 2826 -