Text of UT SB 74 (2025)

01-08 15:57 S.B. 74 1 Corrections Modifications 2025 GENERAL SESSION STATE OF UTAH Chief Sponsor: Derrin R. Owens 2 3 LONG TITLE 4 General Description: 5 This bill amends provisions related to corrections. 6 Highlighted Provisions: 7 This bill: 8 ▸ amends which individuals in the custody of the Department of Corrections (the 9 department) may petition to have a sex designation change on a birth certificate; 10 ▸ includes individuals on parole on the list of individuals to whom a government entity is 11 not required to respond regarding certain records requests; 12 ▸ clarifies that the department may independently investigate criminal allegations against: 13 ● individuals in the custody of the department; and 14 ● subject to certain limitations, employees of the department; 15 ▸ amends the prison telephone surcharge account to allow revenue generated from 16 offenders using department tablets and other electronic devices to be placed in the 17 account; 18 ▸ amends provisions regarding the substances administered by the department when 19 carrying out a judgment of death by lethal intravenous injection; and 20 ▸ makes technical and conforming changes. 21 Money Appropriated in this Bill: 22 None 23 Other Special Clauses: 24 None 25 Utah Code Sections Affected: 26 AMENDS: 27 26B-8-111, as last amended by Laws of Utah 2024, Chapter 296 28 63G-2-201, as last amended by Laws of Utah 2023, Chapters 173, 516 29 64-13-6, as last amended by Laws of Utah 2024, Chapters 144, 208 30 64-13-42, as last amended by Laws of Utah 2024, Chapter 144 31 77-19-10, as last amended by Laws of Utah 2021, Chapter 260 S.B. 74 01-08 15:57 32 33 Be it enacted by the Legislature of the state of Utah: 34 Section 1. Section 26B-8-111 is amended to read: 35 26B-8-111 . Birth certificate name or sex designation change -- Registration of 36 court order and amendment of birth certificate. 37 (1) An individual may obtain a court order in accordance with Title 42, Names, to change 38 the name on the individual's birth certificate. 39 (2)(a) A court may grant a petition ordering a sex designation change on a birth 40 certificate if the court determines by clear and convincing evidence that the 41 individual seeking the sex designation change: 42 (i) is not involved in any kind of lawsuit; 43 (ii) is not [on probation or parole] an offender as defined in Section 64-13-1; 44 (iii) is not seeking the amendment: 45 (A) to commit a crime; 46 (B) to interfere with the rights of others; 47 (C) to avoid creditors; 48 (D) to influence the sentence, fine, or conditions of imprisonment in a criminal 49 case; 50 (E) to commit fraud on the public; or 51 (F) for any other fraudulent purpose; 52 (iv) has transitioned from the sex designation of the biological sex at birth to the sex 53 sought in the petition; 54 (v) has outwardly expressed as the sex sought in the petition in a consistent and 55 uniform manner for at least six months; and 56 (vi) suffers from clinically significant distress or impairment due to the current sex 57 designation on the birth certificate. 58 (b) The court shall consider the following when making the determination described in 59 Subsection (2)(a)(iv): 60 (i) evidence of medical history, care, or treatment related to sex transitioning; and 61 (ii) evidence that the sex sought in the petition is sincerely held and part of the 62 individual's core identity. 63 (c)(i) An individual petitioning for a sex designation change under this section shall 64 indicate on the petition whether the individual is registered with the state's Sex 65 and Kidnap Offender Registry. - 2 - 01-08 15:57 S.B. 74 66 (ii) Based on the disclosure described in Subsection (2)(c)(i), the court may request 67 additional information from an individual who is registered with the state's Sex 68 and Kidnap Offender Registry to determine whether to grant a petition under this 69 section. 70 (3)(a)(i) When determining whether to grant a sex designation change for a child 71 who is at least 15 years and six months old, unless the child is emancipated, the 72 court shall appoint, notwithstanding Subsection 78A-2-703(1), a guardian ad litem 73 for the child. 74 (ii) Notwithstanding Subsection 78A-2-703(7), the child's parent or guardian is 75 responsible for the costs of the guardian ad litem's services unless the court 76 determines the parent or guardian is indigent in accordance with Section 77 78A-2-302. 78 (b) The guardian ad litem shall provide the court relevant evidence, whether submitted 79 by the child or other sources of evidence, regarding the following: 80 (i) whether the child is capable of making decisions with long-term consequences 81 independently of the child's parent or guardian; 82 (ii) whether the child is mature and capable of appreciating the implications of the 83 decision to change the sex designation on the child's birth certificate; and 84 (iii) whether the child meets the other requirements of this section. 85 (c) The guardian of a child described in Subsection (3)(a) shall: 86 (i) give notice of the proceeding to any known parent of the child; and 87 (ii) provide the court with a declaration of the status of any divorce or custody matter 88 pertaining to the child, including the case name, case number, court, judge, and 89 current status of the case. 90 (d) The court shall: 91 (i) consider any objection given by a parent; 92 (ii) close the hearing on a petition for a sex designation change; 93 (iii) receive all evidence; and 94 (iv) make a determination as to whether: 95 (A) all of the requirements of Subsection (2) have been met; and 96 (B) the evidence supports a finding by clear and convincing evidence that the sex 97 designation change is in the best interest of the child and would not create a 98 risk of harm to the minor. 99 (4)(a) A court may not grant a petition for a sex designation change if: - 3 - S.B. 74 01-08 15:57 100 (i) the birth certificate is for a child who is younger than 15 years and six months old; 101 or 102 (ii) the child's parent or guardian with legal custody has not given permission. 103 (b) An order granting a sex designation change under this section is not effective until 104 the individual is at least 16 years old. 105 (5) A petition for a sex designation under this section may be combined with a petition 106 under Title 42, Names. 107 (6)(a) Upon the receipt of a certified order granting a birth certificate amendment, any 108 required application, and an appropriate fee, the department shall issue: 109 (i) a birth certificate that does not indicate which fields were amended unless 110 requested by the individual; and 111 (ii) an amendment history of the birth certificate, including the fields of the birth 112 certificate that have been amended and the date of the amendment. 113 (b) The department shall retain a record of all amendments to a birth certificate, 114 including any amendment history issued by the department. 115 (7) The provisions of this section are severable. 116 (8) This section only applies to birth certificates issued by the state. 117 (9) The provisions of Title 76, Chapter 8, Part 5, Falsification in Official Matters, apply to 118 this section when applicable. 119 Section 2. Section 63G-2-201 is amended to read: 120 63G-2-201 . Provisions relating to records -- Public records -- Private, controlled, 121 protected, and other restricted records -- Disclosure and nondisclosure of records -- 122 Certified copy of record -- Limits on obligation to respond to record request. 123 (1)(a) Except as provided in Subsection (1)(b), a person has the right to inspect a public 124 record free of charge, and the right to take a copy of a public record during normal 125 working hours, subject to Sections 63G-2-203 and 63G-2-204. 126 (b) A right under Subsection (1)(a) does not apply with respect to a record: 127 (i) a copy of which the governmental entity has already provided to the person; 128 (ii) that is the subject of a records request that the governmental entity is not required 129 to fill under Subsection (7)(a)(v); or 130 (iii)(A) that is accessible only by a computer or other electronic device owned or 131 controlled by the governmental entity; 132 (B) that is part of an electronic file that also contains a record that is private, 133 controlled, or protected; and - 4 - 01-08 15:57 S.B. 74 134 (C) that the governmental entity cannot readily segregate from the part of the 135 electronic file that contains a private, controlled, or protected record. 136 (2) A record is public unless otherwise expressly provided by statute. 137 (3) The following records are not public: 138 (a) a record that is private, controlled, or protected under Sections 63G-2-302, 63G-2-303, 139 63G-2-304, and 63G-2-305; and 140 (b) a record to which access is restricted pursuant to court rule, another state statute, 141 federal statute, or federal regulation, including records for which access is governed 142 or restricted as a condition of participation in a state or federal program or for 143 receiving state or federal funds. 144 (4) Only a record specified in Section 63G-2-302, 63G-2-303, 63G-2-304, or 63G-2-305 145 may be classified private, controlled, or protected. 146 (5)(a) A governmental entity may not disclose a record that is private, controlled, or 147 protected to any person except as provided in Subsection (5)(b), Subsection (5)(c), 148 Section 63G-2-202, 63G-2-206, or 63G-2-303. 149 (b) A governmental entity may disclose a record that is private under Subsection 150 63G-2-302(2) or protected under Section 63G-2-305 to persons other than those 151 specified in Section 63G-2-202 or 63G-2-206 if the head of a governmental entity, or 152 a designee, determines that: 153 (i) there is no interest in restricting access to the record; or 154 (ii) the interests favoring access are greater than or equal to the interest favoring 155 restriction of access. 156 (c) In addition to the disclosure under Subsection (5)(b), a governmental entity may 157 disclose a record that is protected under Subsection 63G-2-305(51) if: 158 (i) the head of the governmental entity, or a designee, determines that the disclosure: 159 (A) is mutually beneficial to: 160 (I) the subject of the record; 161 (II) the governmental entity; and 162 (III) the public; and 163 (B) serves a public purpose related to: 164 (I) public safety; or 165 (II) consumer protection; and 166 (ii) the person who receives the record from the governmental entity agrees not to use 167 or allow the use of the record for advertising or solicitation purposes. - 5 - S.B. 74 01-08 15:57 168 (6) A governmental entity shall provide a person with a certified copy of a record if: 169 (a) the person requesting the record has a right to inspect it; 170 (b) the person identifies the record with reasonable specificity; and 171 (c) the person pays the lawful fees. 172 (7)(a) In response to a request, a governmental entity is not required to: 173 (i) create a record; 174 (ii) compile, format, manipulate, package, summarize, or tailor information; 175 (iii) provide a record in a particular format, medium, or program not currently 176 maintained by the governmental entity; 177 (iv) fulfill a person's records request if the request unreasonably duplicates prior 178 records requests from that person; 179 (v) fill a person's records request if: 180 (A) the record requested is: 181 (I) publicly accessible online; or 182 (II) included in a public publication or product produced by the governmental 183 entity receiving the request; and 184 (B) the governmental entity: 185 (I) specifies to the person requesting the record where the record is accessible 186 online; or 187 (II) provides the person requesting the record with the public publication or 188 product and specifies where the record can be found in the public 189 publication or product; or 190 (vi) fulfill a person's records request if: 191 (A) the person has been determined under Section 63G-2-209 to be a vexatious 192 requester; 193 (B) the State Records Committee order determining the person to be a vexatious 194 requester provides that the governmental entity is not required to fulfill a 195 request from the person for a period of time; and 196 (C) the period of time described in Subsection (7)(a)(vi)(B) has not expired. 197 (b) A governmental entity shall conduct a reasonable search for a requested record. 198 (8)(a) Although not required to do so, a governmental entity may, upon request from the 199 person who submitted the records request, compile, format, manipulate, package, 200 summarize, or tailor information or provide a record in a format, medium, or program 201 not currently maintained by the governmental entity. - 6 - 01-08 15:57 S.B. 74 202 (b) In determining whether to fulfill a request described in Subsection (8)(a), a 203 governmental entity may consider whether the governmental entity is able to fulfill 204 the request without unreasonably interfering with the governmental entity's duties 205 and responsibilities. 206 (c) A governmental entity may require a person who makes a request under Subsection 207 (8)(a) to pay the governmental entity, in accordance with Section 63G-2-203, for 208 providing the information or record as requested. 209 (9)(a) Notwithstanding any other provision of this chapter, and subject to Subsection 210 (9)(b), a governmental entity is not required to respond to, or provide a record in 211 response to, a record request if the request is submitted by or in behalf of an 212 individual who is on parole or confined in a jail or other correctional facility 213 following the individual's conviction. 214 (b) Subsection (9)(a) does not apply to: 215 (i) the first five record requests submitted to the governmental entity by or in behalf 216 of an individual described in Subsection (9)(a) during any calendar year 217 requesting only a record that contains a specific reference to the individual; or 218 (ii) a record request that is submitted by an attorney of an individual described in 219 Subsection (9)(a). 220 (10)(a) A governmental entity may allow a person requesting more than 50 pages of 221 records to copy the records if: 222 (i) the records are contained in files that do not contain records that are exempt from 223 disclosure, or the records may be segregated to remove private, protected, or 224 controlled information from disclosure; and 225 (ii) the governmental entity provides reasonable safeguards to protect the public from 226 the potential for loss of a public record. 227 (b) If the requirements of Subsection (10)(a) are met, the governmental entity may: 228 (i) provide the requester with the facilities for copying the requested records and 229 require that the requester make the copies; or 230 (ii) allow the requester to provide the requester's own copying facilities and personnel 231 to make the copies at the governmental entity's offices and waive the fees for 232 copying the records. 233 (11)(a) A governmental entity that owns an intellectual property right and that offers the 234 intellectual property right for sale or license may control by ordinance or policy the 235 duplication and distribution of the material based on terms the governmental entity - 7 - S.B. 74 01-08 15:57 236 considers to be in the public interest. 237 (b) Nothing in this chapter shall be construed to limit or impair the rights or protections 238 granted to the governmental entity under federal copyright or patent law as a result of 239 its ownership of the intellectual property right. 240 (12) A governmental entity may not use the physical form, electronic or otherwise, in 241 which a record is stored to deny, or unreasonably hinder the rights of a person to inspect 242 and receive a copy of a record under this chapter. 243 (13) Subject to the requirements of Subsection (7), a governmental entity shall provide 244 access to an electronic copy of a record in lieu of providing access to its paper 245 equivalent if: 246 (a) the person making the request requests or states a preference for an electronic copy; 247 (b) the governmental entity currently maintains the record in an electronic format that is 248 reproducible and may be provided without reformatting or conversion; and 249 (c) the electronic copy of the record: 250 (i) does not disclose other records that are exempt from disclosure; or 251 (ii) may be segregated to protect private, protected, or controlled information from 252 disclosure without the undue expenditure of public resources or funds. 253 (14) In determining whether a record is properly classified as private under Subsection 254 63G-2-302(2)(d), the governmental entity, State Records Committee, local appeals 255 board, or court shall consider and weigh: 256 (a) any personal privacy interests, including those in images, that would be affected by 257 disclosure of the records in question; and 258 (b) any public interests served by disclosure. 259 Section 3. Section 64-13-6 is amended to read: 260 64-13-6 . Department duties. 261 (1) The department shall: 262 (a) protect the public through institutional care and confinement, and supervision in the 263 community of offenders where appropriate; 264 (b) implement court-ordered punishment of offenders; 265 (c) provide evidence-based and evidence-informed program opportunities for offenders 266 designed to reduce offenders' criminogenic and recidivism risks, including 267 behavioral, cognitive, educational, and career-readiness program opportunities; 268 (d) ensure that offender participation in all program opportunities described in 269 Subsection (1)(c) is voluntary; - 8 - 01-08 15:57 S.B. 74 270 (e) where appropriate, utilize offender volunteers as mentors in the program 271 opportunities described in Subsection (1)(c); 272 (f) provide treatment for sex offenders who are found to be treatable based upon criteria 273 developed by the department; 274 (g) provide the results of ongoing clinical assessment of sex offenders and objective 275 diagnostic testing to sentencing and release authorities; 276 (h) manage programs that take into account the needs and interests of victims, where 277 reasonable; 278 (i) supervise probationers and parolees as directed by statute and implemented by the 279 courts and the Board of Pardons and Parole; 280 (j) subject to Subsection (3), investigate criminal conduct involving offenders 281 incarcerated in a state correctional facility; 282 (k) cooperate and exchange information with other state, local, and federal law 283 enforcement agencies to achieve greater success in prevention and detection of crime 284 and apprehension of criminals; 285 (l) implement the provisions of Title 77, Chapter 28c, Interstate Compact for Adult 286 Offender Supervision; 287 (m) establish a case action plan based on appropriate validated risk, needs, and 288 responsivity assessments for each offender as follows: 289 (i)(A) if an offender is to be supervised in the community, the department shall 290 establish a case action plan for the offender no later than 60 days after the day 291 on which the department's community supervision of the offender begins; and 292 (B) if the offender is committed to the custody of the department, the department 293 shall establish a case action plan for the offender no later than 90 days after the 294 day on which the offender is committed to the custody of the department; 295 (ii) each case action plan shall: 296 (A) integrate an individualized, evidence-based, and evidence-informed treatment 297 and program plan with clearly defined completion requirements; and 298 (B) require that a case manager will: 299 (I) ensure that an assessment of the education level, occupational interests, and 300 aptitudes of the inmate has been completed; 301 (II) refer the inmate to a higher education student advisor at an institution 302 offering programs consistent with the inmate's interests and aptitudes for 303 advisement on educational preferences and plans; - 9 - S.B. 74 01-08 15:57 304 (III) incorporate the inmate's interests, aptitudes, and student advisement into 305 an education plan consistent with the guidance provided by the Higher 306 Education and Corrections Council created in Section 53B-35-201; and 307 (IV) refer the inmate to the student advisor at the institution called for in the 308 case action plan for guidance and assistance with the education process; 309 (iii) the department shall share each newly established case action plan with the 310 sentencing and release authority within 30 days after the day on which the case 311 action plan is established; and 312 (iv) the department shall share any changes to a case action plan, including any 313 change in an offender's risk assessment, with the sentencing and release authority 314 within 30 days after the day of the change; 315 (n) ensure that an inmate has reasonable access to legal research; 316 (o) ensure that any training or certification required of a public official or public 317 employee, as those terms are defined in Section 63G-22-102, complies with Title 318 63G, Chapter 22, State Training and Certification Requirements, if the training or 319 certification is required: 320 (i) under this title; 321 (ii) by the department; or 322 (iii) by an agency or division within the department; 323 (p) when reporting on statewide recidivism, include the metrics and requirements 324 described in Section 63M-7-102; 325 (q) create a reentry division that focuses on the successful reentry of inmates into the 326 community; 327 (r) coordinate with the Board of Pardons and Parole regarding inmate records that are 328 necessary for the Board of Pardons and Parole to make necessary determinations 329 regarding an inmate; and 330 (s) ensure that inmate records regarding discipline, programs, and other relevant metrics 331 are: 332 (i) complete and updated in a timely manner; and 333 (ii) when applicable, shared with the Board of Pardons and Parole in a timely manner. 334 (2) The department may in the course of supervising probationers and parolees: 335 (a) respond to an individual's violation of one or more terms of the probation or parole in 336 accordance with the graduated and evidence-based processes established by the adult 337 sentencing and supervision length guidelines, as defined in Section 63M-7-401.1; and - 10 - 01-08 15:57 S.B. 74 338 (b) upon approval by the court or the Board of Pardons and Parole, impose as a sanction 339 for an individual's violation of the terms of probation or parole a period of 340 incarceration of not more than three consecutive days and not more than a total of 341 five days within a period of 30 days. 342 [(3)(a) By following the procedures in Subsection (3)(b), the department may 343 investigate the following occurrences at state correctional facilities:] 344 [(i) criminal conduct of departmental employees;] 345 [(ii) felony crimes resulting in serious bodily injury;] 346 [(iii) death of any person; or] 347 [(iv) aggravated kidnaping.] 348 [(b) Before investigating any occurrence specified in Subsection (3)(a), the department 349 shall:] 350 [(i) notify the sheriff or other appropriate law enforcement agency promptly after 351 ascertaining facts sufficient to believe an occurrence specified in Subsection (3)(a) 352 has occurred; and] 353 [(ii) obtain consent of the sheriff or other appropriate law enforcement agency to 354 conduct an investigation involving an occurrence specified in Subsection (3)(a).] 355 [(4) Upon request, the department shall provide copies of investigative reports of criminal 356 conduct to the sheriff or other appropriate law enforcement agencies.] 357 (3)(a) Subject to Subsection (3)(b), the department may conduct criminal investigations 358 regarding an allegation that: 359 (i) an offender has committed a criminal offense; or 360 (ii) an employee of the department has committed a criminal offense. 361 (b) If during a criminal investigation into an allegation of an employee of the department 362 committing a criminal offense as described in Subsection (3)(a)(ii), the department 363 determines that the allegation could be substantiated, the department shall turn the 364 criminal investigation over to another law enforcement agency to complete the 365 investigation. 366 [(5)] (4)(a) The executive director of the department, or the executive director's designee 367 if the designee possesses expertise in correctional programming, shall consult at least 368 annually with cognitive and career-readiness staff experts from the Utah system of 369 higher education and the State Board of Education to review the department's 370 evidence-based and evidence-informed treatment and program opportunities. 371 (b) Beginning in the 2022 interim, the department shall provide an annual report to the - 11 - S.B. 74 01-08 15:57 372 Law Enforcement and Criminal Justice Interim Committee regarding: 373 (i) the department's implementation of and offender participation in evidence-based 374 and evidence-informed treatment and program opportunities designed to reduce 375 the criminogenic and recidivism risks of offenders over time; and 376 (ii) the progress of the department's implementation of the inmate program 377 requirements described in Section 64-13-50. 378 [(6)] (5)(a) As used in this Subsection [(6):] (5): 379 (i) "Accounts receivable" means any amount owed by an offender arising from a 380 criminal judgment that has not been paid. 381 (ii) "Accounts receivable" includes unpaid fees, overpayments, fines, forfeitures, 382 surcharges, costs, interest, penalties, restitution to victims, third-party claims, 383 claims, reimbursement of a reward, and damages that an offender is ordered to 384 pay. 385 (b) The department shall collect and disburse, with any interest and any other costs 386 assessed under Section 64-13-21, an accounts receivable for an offender during: 387 (i) the parole period and any extension of that period in accordance with Subsection [ 388 (6)(c)] (5)(c); and 389 (ii) the probation period for which the court orders supervised probation and any 390 extension of that period by the department in accordance with Subsection 391 77-18-105(7). 392 (c)(i) If an offender has an unpaid balance of the offender's accounts receivable at 393 the time that the offender's sentence expires or terminates, the department shall be 394 referred to the sentencing court for the sentencing court to enter a civil judgment 395 of restitution and a civil accounts receivable as described in Section 77-18-114. 396 (ii) If the board makes an order for restitution within 60 days from the day on which 397 the offender's sentence expires or terminates, the board shall refer the order for 398 restitution to the sentencing court to be entered as a civil judgment of restitution as 399 described in Section 77-18-114. 400 (d) This Subsection [(6)] (5) only applies to offenders sentenced before July 1, 2021. 401 Section 4. Section 64-13-42 is amended to read: 402 64-13-42 . Prison Telephone Surcharge Account -- Funding inmate and offender 403 education and training programs. 404 (1)(a) There is created within the General Fund a restricted account known as the Prison 405 Telephone Surcharge Account. - 12 - 01-08 15:57 S.B. 74 406 (b) The Prison Telephone Surcharge Account consists of: 407 (i) revenue generated by the state from pay telephone services located at any 408 correctional facility as defined in Section 64-13-1; 409 (ii) interest on account money; 410 (iii)(A) money paid by inmates participating in postsecondary education provided 411 by the department; and 412 (B) money repaid by former inmates who have a written agreement with the 413 department to pay for a specified portion of the tuition costs under the 414 department's deferred tuition payment program; 415 (iv) money collected by the Office of State Debt Collection for debt described in 416 Subsection (1)(b)(iii); 417 (v) revenue generated from offenders using department tablets or other electronic 418 devices; and 419 [(v)] (vi) money appropriated by the Legislature. 420 (2) Upon appropriation by the Legislature, money from the Prison Telephone Surcharge 421 Account shall be used by the department for education and training programs for 422 offenders and inmates as defined in Section 64-13-1. 423 Section 5. Section 77-19-10 is amended to read: 424 77-19-10 . Judgment of death -- Location and procedures for execution. 425 (1) The executive director of the Department of Corrections or a designee shall ensure that 426 the method of judgment of death specified in the warrant or as required under Section 427 77-18-113 is carried out at a secure correctional facility operated by the department and 428 at an hour determined by the department on the date specified in the warrant. 429 (2) When the judgment of death is to be carried out by lethal intravenous injection, the 430 executive director of the department or a designee shall select two or more persons 431 trained in accordance with accepted medical practices to administer intravenous 432 injections, who shall each administer a continuous intravenous injection,[ one of which 433 shall be of a lethal quantity of:] 434 [(a) sodium thiopental; or] 435 [(b) other equally or more effective substance sufficient to cause death.] consisting of 436 one or more substances of a type and amount that is sufficiently effective to cause 437 death without a substantial risk of severe pain. 438 (3) If the judgment of death is to be carried out by firing squad under Subsection 439 77-18-113(2), (3), or (4) the executive director of the department or a designee shall - 13 - S.B. 74 01-08 15:57 440 select a five-person firing squad of peace officers. 441 (4) Compensation for persons administering intravenous injections and for members of a 442 firing squad under Subsection 77-18-113(2), (3), or (4) shall be in an amount determined 443 by the director of the Division of Finance. 444 (5) Death under this section shall be certified by a physician. 445 (6) The department shall adopt and enforce rules governing procedures for the execution of 446 judgments of death. 447 Section 6. Effective Date. 448 This bill takes effect on May 7, 2025. - 14 -

Enrolled Copy S.B. 74 1 Corrections Modifications 2025 GENERAL SESSION STATE OF UTAH Chief Sponsor: Derrin R. Owens House Sponsor: Melissa G. Ballard 2 3 LONG TITLE 4 General Description: 5 This bill amends provisions related to corrections. 6 Highlighted Provisions: 7 This bill: 8 ▸ amends which individuals in the custody of the Department of Corrections (the 9 department) may petition to have a sex designation change on a birth certificate; 10 ▸ prohibits an individual in the custody of the department from filing a petition in district 11 court to legally change the individual's name; 12 ▸ includes individuals on parole on the list of individuals to whom a government entity is 13 not required to respond regarding certain records requests; 14 ▸ clarifies that the department may independently investigate criminal allegations against: 15 ● individuals in the custody of the department; and 16 ● subject to certain limitations, employees of the department; 17 ▸ amends the prison telephone surcharge account to allow revenue generated from 18 offenders using department tablets and other electronic devices to be placed in the 19 account; 20 ▸ amends provisions regarding the substances administered by the department when 21 carrying out a judgment of death by lethal intravenous injection; 22 ▸ requires an individual on probation or parole who is required to undergo drug testing as a 23 condition of probation or parole to sign a waiver allowing the provider undertaking the 24 testing to notify the individual's supervising officer regarding the results of the testing; 25 and 26 ▸ makes technical and conforming changes. 27 Money Appropriated in this Bill: S.B. 74 Enrolled Copy 28 None 29 Other Special Clauses: 30 None 31 Utah Code Sections Affected: 32 AMENDS: 33 26B-8-111, as last amended by Laws of Utah 2024, Chapter 296 34 42-1-1, as last amended by Laws of Utah 2024, Chapter 296 35 63G-2-201, as last amended by Laws of Utah 2023, Chapters 173, 516 36 64-13-6, as last amended by Laws of Utah 2024, Chapters 144, 208 37 64-13-42, as last amended by Laws of Utah 2024, Chapter 144 38 77-18-105, as last amended by Laws of Utah 2024, Chapters 187, 208 39 77-19-10, as last amended by Laws of Utah 2021, Chapter 260 40 77-27-10, as last amended by Laws of Utah 2024, Chapter 208 41 42 Be it enacted by the Legislature of the state of Utah: 43 Section 1. Section 26B-8-111 is amended to read: 44 26B-8-111 . Birth certificate name or sex designation change -- Registration of 45 court order and amendment of birth certificate. 46 (1) An individual may obtain a court order in accordance with Title 42, Names, to change 47 the name on the individual's birth certificate. 48 (2)(a) A court may grant a petition ordering a sex designation change on a birth 49 certificate if the court determines by clear and convincing evidence that the 50 individual seeking the sex designation change: 51 (i) is not involved in any kind of lawsuit; 52 (ii) is not [on probation or parole] an offender as defined in Section 64-13-1; 53 (iii) is not seeking the amendment: 54 (A) to commit a crime; 55 (B) to interfere with the rights of others; 56 (C) to avoid creditors; 57 (D) to influence the sentence, fine, or conditions of imprisonment in a criminal 58 case; 59 (E) to commit fraud on the public; or 60 (F) for any other fraudulent purpose; 61 (iv) has transitioned from the sex designation of the biological sex at birth to the sex - 2 - Enrolled Copy S.B. 74 62 sought in the petition; 63 (v) has outwardly expressed as the sex sought in the petition in a consistent and 64 uniform manner for at least six months; and 65 (vi) suffers from clinically significant distress or impairment due to the current sex 66 designation on the birth certificate. 67 (b) The court shall consider the following when making the determination described in 68 Subsection (2)(a)(iv): 69 (i) evidence of medical history, care, or treatment related to sex transitioning; and 70 (ii) evidence that the sex sought in the petition is sincerely held and part of the 71 individual's core identity. 72 (c)(i) An individual petitioning for a sex designation change under this section shall 73 indicate on the petition whether the individual is registered with the state's Sex 74 and Kidnap Offender Registry. 75 (ii) Based on the disclosure described in Subsection (2)(c)(i), the court may request 76 additional information from an individual who is registered with the state's Sex 77 and Kidnap Offender Registry to determine whether to grant a petition under this 78 section. 79 (3)(a)(i) When determining whether to grant a sex designation change for a child who 80 is at least 15 years and six months old, unless the child is emancipated, the court 81 shall appoint, notwithstanding Subsection 78A-2-703(1), a guardian ad litem for 82 the child. 83 (ii) Notwithstanding Subsection 78A-2-703(7), the child's parent or guardian is 84 responsible for the costs of the guardian ad litem's services unless the court 85 determines the parent or guardian is indigent in accordance with Section 86 78A-2-302. 87 (b) The guardian ad litem shall provide the court relevant evidence, whether submitted 88 by the child or other sources of evidence, regarding the following: 89 (i) whether the child is capable of making decisions with long-term consequences 90 independently of the child's parent or guardian; 91 (ii) whether the child is mature and capable of appreciating the implications of the 92 decision to change the sex designation on the child's birth certificate; and 93 (iii) whether the child meets the other requirements of this section. 94 (c) The guardian of a child described in Subsection (3)(a) shall: 95 (i) give notice of the proceeding to any known parent of the child; and - 3 - S.B. 74 Enrolled Copy 96 (ii) provide the court with a declaration of the status of any divorce or custody matter 97 pertaining to the child, including the case name, case number, court, judge, and 98 current status of the case. 99 (d) The court shall: 100 (i) consider any objection given by a parent; 101 (ii) close the hearing on a petition for a sex designation change; 102 (iii) receive all evidence; and 103 (iv) make a determination as to whether: 104 (A) all of the requirements of Subsection (2) have been met; and 105 (B) the evidence supports a finding by clear and convincing evidence that the sex 106 designation change is in the best interest of the child and would not create a 107 risk of harm to the minor. 108 (4)(a) A court may not grant a petition for a sex designation change if: 109 (i) the birth certificate is for a child who is younger than 15 years and six months old; 110 or 111 (ii) the child's parent or guardian with legal custody has not given permission. 112 (b) An order granting a sex designation change under this section is not effective until 113 the individual is at least 16 years old. 114 (5) A petition for a sex designation under this section may be combined with a petition 115 under Title 42, Names. 116 (6)(a) Upon the receipt of a certified order granting a birth certificate amendment, any 117 required application, and an appropriate fee, the department shall issue: 118 (i) a birth certificate that does not indicate which fields were amended unless 119 requested by the individual; and 120 (ii) an amendment history of the birth certificate, including the fields of the birth 121 certificate that have been amended and the date of the amendment. 122 (b) The department shall retain a record of all amendments to a birth certificate, 123 including any amendment history issued by the department. 124 (7) The provisions of this section are severable. 125 (8) This section only applies to birth certificates issued by the state. 126 (9) The provisions of Title 76, Chapter 8, Part 5, Falsification in Official Matters, apply to 127 this section when applicable. 128 Section 2. Section 42-1-1 is amended to read: 129 42-1-1 . By petition to district court -- Contents. - 4 - Enrolled Copy S.B. 74 130 (1) [Any] Except as provided in Subsection (2) and subject to Subsection (3), any natural 131 person, desiring to change the natural person's name, may file a petition in the district 132 court of the county where the natural person resides, setting forth: 133 (a) the cause for which the change of name is sought; 134 (b) the name proposed; and 135 (c) that the natural person has been a bona fide resident of the county for the year 136 immediately prior to the filing of the petition. 137 (2) A natural person who is an offender, as that term is defined in Section 64-13-1, may not 138 file a petition in district court to change the natural person's name. 139 [(2)] (3)(a) A natural person petitioning for a name change under this section shall 140 indicate on the petition whether the individual is registered with the state's Sex and 141 Kidnap Offender Registry. 142 (b) The court may request additional information from a natural person who is registered 143 with the state's Sex and Kidnap Offender Registry to make the determination 144 described in Subsection 77-41-105(8). 145 [(3)] (4) The provisions of Title 76, Chapter 8, Part 5, Falsification in Official Matters, 146 apply to this section when applicable. 147 Section 3. Section 63G-2-201 is amended to read: 148 63G-2-201 . Provisions relating to records -- Public records -- Private, controlled, 149 protected, and other restricted records -- Disclosure and nondisclosure of records -- 150 Certified copy of record -- Limits on obligation to respond to record request. 151 (1)(a) Except as provided in Subsection (1)(b), a person has the right to inspect a public 152 record free of charge, and the right to take a copy of a public record during normal 153 working hours, subject to Sections 63G-2-203 and 63G-2-204. 154 (b) A right under Subsection (1)(a) does not apply with respect to a record: 155 (i) a copy of which the governmental entity has already provided to the person; 156 (ii) that is the subject of a records request that the governmental entity is not required 157 to fill under Subsection (7)(a)(v); or 158 (iii)(A) that is accessible only by a computer or other electronic device owned or 159 controlled by the governmental entity; 160 (B) that is part of an electronic file that also contains a record that is private, 161 controlled, or protected; and 162 (C) that the governmental entity cannot readily segregate from the part of the 163 electronic file that contains a private, controlled, or protected record. - 5 - S.B. 74 Enrolled Copy 164 (2) A record is public unless otherwise expressly provided by statute. 165 (3) The following records are not public: 166 (a) a record that is private, controlled, or protected under Sections 63G-2-302, 63G-2-303, 167 63G-2-304, and 63G-2-305; and 168 (b) a record to which access is restricted pursuant to court rule, another state statute, 169 federal statute, or federal regulation, including records for which access is governed 170 or restricted as a condition of participation in a state or federal program or for 171 receiving state or federal funds. 172 (4) Only a record specified in Section 63G-2-302, 63G-2-303, 63G-2-304, or 63G-2-305 173 may be classified private, controlled, or protected. 174 (5)(a) A governmental entity may not disclose a record that is private, controlled, or 175 protected to any person except as provided in Subsection (5)(b), Subsection (5)(c), 176 Section 63G-2-202, 63G-2-206, or 63G-2-303. 177 (b) A governmental entity may disclose a record that is private under Subsection 178 63G-2-302(2) or protected under Section 63G-2-305 to persons other than those 179 specified in Section 63G-2-202 or 63G-2-206 if the head of a governmental entity, or 180 a designee, determines that: 181 (i) there is no interest in restricting access to the record; or 182 (ii) the interests favoring access are greater than or equal to the interest favoring 183 restriction of access. 184 (c) In addition to the disclosure under Subsection (5)(b), a governmental entity may 185 disclose a record that is protected under Subsection 63G-2-305(51) if: 186 (i) the head of the governmental entity, or a designee, determines that the disclosure: 187 (A) is mutually beneficial to: 188 (I) the subject of the record; 189 (II) the governmental entity; and 190 (III) the public; and 191 (B) serves a public purpose related to: 192 (I) public safety; or 193 (II) consumer protection; and 194 (ii) the person who receives the record from the governmental entity agrees not to use 195 or allow the use of the record for advertising or solicitation purposes. 196 (6) A governmental entity shall provide a person with a certified copy of a record if: 197 (a) the person requesting the record has a right to inspect it; - 6 - Enrolled Copy S.B. 74 198 (b) the person identifies the record with reasonable specificity; and 199 (c) the person pays the lawful fees. 200 (7)(a) In response to a request, a governmental entity is not required to: 201 (i) create a record; 202 (ii) compile, format, manipulate, package, summarize, or tailor information; 203 (iii) provide a record in a particular format, medium, or program not currently 204 maintained by the governmental entity; 205 (iv) fulfill a person's records request if the request unreasonably duplicates prior 206 records requests from that person; 207 (v) fill a person's records request if: 208 (A) the record requested is: 209 (I) publicly accessible online; or 210 (II) included in a public publication or product produced by the governmental 211 entity receiving the request; and 212 (B) the governmental entity: 213 (I) specifies to the person requesting the record where the record is accessible 214 online; or 215 (II) provides the person requesting the record with the public publication or 216 product and specifies where the record can be found in the public 217 publication or product; or 218 (vi) fulfill a person's records request if: 219 (A) the person has been determined under Section 63G-2-209 to be a vexatious 220 requester; 221 (B) the State Records Committee order determining the person to be a vexatious 222 requester provides that the governmental entity is not required to fulfill a 223 request from the person for a period of time; and 224 (C) the period of time described in Subsection (7)(a)(vi)(B) has not expired. 225 (b) A governmental entity shall conduct a reasonable search for a requested record. 226 (8)(a) Although not required to do so, a governmental entity may, upon request from the 227 person who submitted the records request, compile, format, manipulate, package, 228 summarize, or tailor information or provide a record in a format, medium, or program 229 not currently maintained by the governmental entity. 230 (b) In determining whether to fulfill a request described in Subsection (8)(a), a 231 governmental entity may consider whether the governmental entity is able to fulfill - 7 - S.B. 74 Enrolled Copy 232 the request without unreasonably interfering with the governmental entity's duties 233 and responsibilities. 234 (c) A governmental entity may require a person who makes a request under Subsection 235 (8)(a) to pay the governmental entity, in accordance with Section 63G-2-203, for 236 providing the information or record as requested. 237 (9)(a) Notwithstanding any other provision of this chapter, and subject to Subsection 238 (9)(b), a governmental entity is not required to respond to, or provide a record in 239 response to, a record request if the request is submitted by or in behalf of an 240 individual who is on parole or confined in a jail or other correctional facility 241 following the individual's conviction. 242 (b) Subsection (9)(a) does not apply to: 243 (i) the first five record requests submitted to the governmental entity by or in behalf 244 of an individual described in Subsection (9)(a) during any calendar year 245 requesting only a record that contains a specific reference to the individual; or 246 (ii) a record request that is submitted by an attorney of an individual described in 247 Subsection (9)(a). 248 (10)(a) A governmental entity may allow a person requesting more than 50 pages of 249 records to copy the records if: 250 (i) the records are contained in files that do not contain records that are exempt from 251 disclosure, or the records may be segregated to remove private, protected, or 252 controlled information from disclosure; and 253 (ii) the governmental entity provides reasonable safeguards to protect the public from 254 the potential for loss of a public record. 255 (b) If the requirements of Subsection (10)(a) are met, the governmental entity may: 256 (i) provide the requester with the facilities for copying the requested records and 257 require that the requester make the copies; or 258 (ii) allow the requester to provide the requester's own copying facilities and personnel 259 to make the copies at the governmental entity's offices and waive the fees for 260 copying the records. 261 (11)(a) A governmental entity that owns an intellectual property right and that offers the 262 intellectual property right for sale or license may control by ordinance or policy the 263 duplication and distribution of the material based on terms the governmental entity 264 considers to be in the public interest. 265 (b) Nothing in this chapter shall be construed to limit or impair the rights or protections - 8 - Enrolled Copy S.B. 74 266 granted to the governmental entity under federal copyright or patent law as a result of 267 its ownership of the intellectual property right. 268 (12) A governmental entity may not use the physical form, electronic or otherwise, in 269 which a record is stored to deny, or unreasonably hinder the rights of a person to inspect 270 and receive a copy of a record under this chapter. 271 (13) Subject to the requirements of Subsection (7), a governmental entity shall provide 272 access to an electronic copy of a record in lieu of providing access to its paper 273 equivalent if: 274 (a) the person making the request requests or states a preference for an electronic copy; 275 (b) the governmental entity currently maintains the record in an electronic format that is 276 reproducible and may be provided without reformatting or conversion; and 277 (c) the electronic copy of the record: 278 (i) does not disclose other records that are exempt from disclosure; or 279 (ii) may be segregated to protect private, protected, or controlled information from 280 disclosure without the undue expenditure of public resources or funds. 281 (14) In determining whether a record is properly classified as private under Subsection 282 63G-2-302(2)(d), the governmental entity, State Records Committee, local appeals 283 board, or court shall consider and weigh: 284 (a) any personal privacy interests, including those in images, that would be affected by 285 disclosure of the records in question; and 286 (b) any public interests served by disclosure. 287 Section 4. Section 64-13-6 is amended to read: 288 64-13-6 . Department duties. 289 (1) The department shall: 290 (a) protect the public through institutional care and confinement, and supervision in the 291 community of offenders where appropriate; 292 (b) implement court-ordered punishment of offenders; 293 (c) provide evidence-based and evidence-informed program opportunities for offenders 294 designed to reduce offenders' criminogenic and recidivism risks, including 295 behavioral, cognitive, educational, and career-readiness program opportunities; 296 (d) ensure that offender participation in all program opportunities described in 297 Subsection (1)(c) is voluntary; 298 (e) where appropriate, utilize offender volunteers as mentors in the program 299 opportunities described in Subsection (1)(c); - 9 - S.B. 74 Enrolled Copy 300 (f) provide treatment for sex offenders who are found to be treatable based upon criteria 301 developed by the department; 302 (g) provide the results of ongoing clinical assessment of sex offenders and objective 303 diagnostic testing to sentencing and release authorities; 304 (h) manage programs that take into account the needs and interests of victims, where 305 reasonable; 306 (i) supervise probationers and parolees as directed by statute and implemented by the 307 courts and the Board of Pardons and Parole; 308 (j) subject to Subsection (3), investigate criminal conduct involving offenders 309 incarcerated in a state correctional facility; 310 (k) cooperate and exchange information with other state, local, and federal law 311 enforcement agencies to achieve greater success in prevention and detection of crime 312 and apprehension of criminals; 313 (l) implement the provisions of Title 77, Chapter 28c, Interstate Compact for Adult 314 Offender Supervision; 315 (m) establish a case action plan based on appropriate validated risk, needs, and 316 responsivity assessments for each offender as follows: 317 (i)(A) if an offender is to be supervised in the community, the department shall 318 establish a case action plan for the offender no later than 60 days after the day 319 on which the department's community supervision of the offender begins; and 320 (B) if the offender is committed to the custody of the department, the department 321 shall establish a case action plan for the offender no later than 90 days after the 322 day on which the offender is committed to the custody of the department; 323 (ii) each case action plan shall: 324 (A) integrate an individualized, evidence-based, and evidence-informed treatment 325 and program plan with clearly defined completion requirements; and 326 (B) require that a case manager will: 327 (I) ensure that an assessment of the education level, occupational interests, and 328 aptitudes of the inmate has been completed; 329 (II) refer the inmate to a higher education student advisor at an institution 330 offering programs consistent with the inmate's interests and aptitudes for 331 advisement on educational preferences and plans; 332 (III) incorporate the inmate's interests, aptitudes, and student advisement into 333 an education plan consistent with the guidance provided by the Higher - 10 - Enrolled Copy S.B. 74 334 Education and Corrections Council created in Section 53B-35-201; and 335 (IV) refer the inmate to the student advisor at the institution called for in the 336 case action plan for guidance and assistance with the education process; 337 (iii) the department shall share each newly established case action plan with the 338 sentencing and release authority within 30 days after the day on which the case 339 action plan is established; and 340 (iv) the department shall share any changes to a case action plan, including any 341 change in an offender's risk assessment, with the sentencing and release authority 342 within 30 days after the day of the change; 343 (n) ensure that an inmate has reasonable access to legal research; 344 (o) ensure that any training or certification required of a public official or public 345 employee, as those terms are defined in Section 63G-22-102, complies with Title 346 63G, Chapter 22, State Training and Certification Requirements, if the training or 347 certification is required: 348 (i) under this title; 349 (ii) by the department; or 350 (iii) by an agency or division within the department; 351 (p) when reporting on statewide recidivism, include the metrics and requirements 352 described in Section 63M-7-102; 353 (q) create a reentry division that focuses on the successful reentry of inmates into the 354 community; 355 (r) coordinate with the Board of Pardons and Parole regarding inmate records that are 356 necessary for the Board of Pardons and Parole to make necessary determinations 357 regarding an inmate; and 358 (s) ensure that inmate records regarding discipline, programs, and other relevant metrics 359 are: 360 (i) complete and updated in a timely manner; and 361 (ii) when applicable, shared with the Board of Pardons and Parole in a timely manner. 362 (2) The department may in the course of supervising probationers and parolees: 363 (a) respond to an individual's violation of one or more terms of the probation or parole in 364 accordance with the graduated and evidence-based processes established by the adult 365 sentencing and supervision length guidelines, as defined in Section 63M-7-401.1; and 366 (b) upon approval by the court or the Board of Pardons and Parole, impose as a sanction 367 for an individual's violation of the terms of probation or parole a period of - 11 - S.B. 74 Enrolled Copy 368 incarceration of not more than three consecutive days and not more than a total of 369 five days within a period of 30 days. 370 [(3)(a) By following the procedures in Subsection (3)(b), the department may 371 investigate the following occurrences at state correctional facilities:] 372 [(i) criminal conduct of departmental employees;] 373 [(ii) felony crimes resulting in serious bodily injury;] 374 [(iii) death of any person; or] 375 [(iv) aggravated kidnaping.] 376 [(b) Before investigating any occurrence specified in Subsection (3)(a), the department 377 shall:] 378 [(i) notify the sheriff or other appropriate law enforcement agency promptly after 379 ascertaining facts sufficient to believe an occurrence specified in Subsection (3)(a) 380 has occurred; and] 381 [(ii) obtain consent of the sheriff or other appropriate law enforcement agency to 382 conduct an investigation involving an occurrence specified in Subsection (3)(a).] 383 [(4) Upon request, the department shall provide copies of investigative reports of criminal 384 conduct to the sheriff or other appropriate law enforcement agencies.] 385 (3) In accordance with department policy, the department may conduct criminal 386 investigations regarding an allegation that: 387 (a) an offender has committed a criminal offense; or 388 (b) an employee of the department has committed a criminal offense. 389 [(5)] (4)(a) The executive director of the department, or the executive director's designee 390 if the designee possesses expertise in correctional programming, shall consult at least 391 annually with cognitive and career-readiness staff experts from the Utah system of 392 higher education and the State Board of Education to review the department's 393 evidence-based and evidence-informed treatment and program opportunities. 394 (b) Beginning in the 2022 interim, the department shall provide an annual report to the 395 Law Enforcement and Criminal Justice Interim Committee regarding: 396 (i) the department's implementation of and offender participation in evidence-based 397 and evidence-informed treatment and program opportunities designed to reduce 398 the criminogenic and recidivism risks of offenders over time; and 399 (ii) the progress of the department's implementation of the inmate program 400 requirements described in Section 64-13-50. 401 [(6)] (5)(a) As used in this Subsection [(6):] (5): - 12 - Enrolled Copy S.B. 74 402 (i) "Accounts receivable" means any amount owed by an offender arising from a 403 criminal judgment that has not been paid. 404 (ii) "Accounts receivable" includes unpaid fees, overpayments, fines, forfeitures, 405 surcharges, costs, interest, penalties, restitution to victims, third-party claims, 406 claims, reimbursement of a reward, and damages that an offender is ordered to 407 pay. 408 (b) The department shall collect and disburse, with any interest and any other costs 409 assessed under Section 64-13-21, an accounts receivable for an offender during: 410 (i) the parole period and any extension of that period in accordance with Subsection [ 411 (6)(c)] (5)(c); and 412 (ii) the probation period for which the court orders supervised probation and any 413 extension of that period by the department in accordance with Subsection 414 77-18-105(7). 415 (c)(i) If an offender has an unpaid balance of the offender's accounts receivable at the 416 time that the offender's sentence expires or terminates, the department shall be 417 referred to the sentencing court for the sentencing court to enter a civil judgment 418 of restitution and a civil accounts receivable as described in Section 77-18-114. 419 (ii) If the board makes an order for restitution within 60 days from the day on which 420 the offender's sentence expires or terminates, the board shall refer the order for 421 restitution to the sentencing court to be entered as a civil judgment of restitution as 422 described in Section 77-18-114. 423 (d) This Subsection [(6)] (5) only applies to offenders sentenced before July 1, 2021. 424 Section 5. Section 64-13-42 is amended to read: 425 64-13-42 . Prison Telephone Surcharge Account -- Funding inmate and offender 426 education and training programs. 427 (1)(a) There is created within the General Fund a restricted account known as the Prison 428 Telephone Surcharge Account. 429 (b) The Prison Telephone Surcharge Account consists of: 430 (i) revenue generated by the state from pay telephone services located at any 431 correctional facility as defined in Section 64-13-1; 432 (ii) interest on account money; 433 (iii)(A) money paid by inmates participating in postsecondary education provided 434 by the department; and 435 (B) money repaid by former inmates who have a written agreement with the - 13 - S.B. 74 Enrolled Copy 436 department to pay for a specified portion of the tuition costs under the 437 department's deferred tuition payment program; 438 (iv) money collected by the Office of State Debt Collection for debt described in 439 Subsection (1)(b)(iii); 440 (v) revenue generated from offenders using department tablets or other electronic 441 devices; and 442 [(v)] (vi) money appropriated by the Legislature. 443 (2) Upon appropriation by the Legislature, money from the Prison Telephone Surcharge 444 Account shall be used by the department for education and training programs for 445 offenders and inmates as defined in Section 64-13-1. 446 Section 6. Section 77-18-105 is amended to read: 447 77-18-105 . Pleas held in abeyance -- Suspension of a sentence -- Probation -- 448 Supervision -- Terms and conditions of probation -- Time periods for probation -- Bench 449 supervision for payments on criminal accounts receivable. 450 (1) If a defendant enters a plea of guilty or no contest in conjunction with a plea in 451 abeyance agreement, the court may hold the plea in abeyance: 452 (a) in accordance with Chapter 2a, Pleas in Abeyance; and 453 (b) under the terms of the plea in abeyance agreement. 454 (2) If a defendant is convicted, the court: 455 (a) shall impose a sentence in accordance with Section 76-3-201; and 456 (b) subject to Subsection (5), may suspend the execution of the sentence and place the 457 defendant: 458 (i) on probation under the supervision of the department; 459 (ii) on probation under the supervision of an agency of a local government or a 460 private organization; or 461 (iii) on court probation under the jurisdiction of the sentencing court. 462 (3)(a) The legal custody of all probationers under the supervision of the department is 463 with the department. 464 (b) The legal custody of all probationers under the jurisdiction of the sentencing court is 465 vested as ordered by the court. 466 (c) The court has continuing jurisdiction over all probationers. 467 (4)(a) Court probation may include an administrative level of services, including 468 notification to the sentencing court of scheduled periodic reviews of the probationer's 469 compliance with conditions. - 14 - Enrolled Copy S.B. 74 470 (b) Supervised probation services provided by the department, an agency of a local 471 government, or a private organization shall specifically address the defendant's risk 472 of reoffending as identified by a screening or an assessment. 473 (c) If a court orders supervised probation and determines that a public probation 474 provider is unavailable or inappropriate to supervise the defendant, the court shall 475 make available to the defendant the list of private probation providers prepared by a 476 criminal justice coordinating council under Section 17-55-201. 477 (5)(a) Before ordering supervised probation, the court shall consider the supervision 478 costs to the defendant for each entity that can supervise the defendant. 479 (b)(i) A court may order an agency of a local government to supervise the probation 480 for an individual convicted of any crime if: 481 (A) the agency has the capacity to supervise the individual; and 482 (B) the individual's supervision needs will be met by the agency. 483 (ii) A court may only order: 484 (A) the department to supervise the probation for an individual convicted of a 485 class A misdemeanor or any felony; or 486 (B) a private organization to supervise the probation for an individual convicted of 487 a class A, B, or C misdemeanor or an infraction. 488 (c) A court may not order a specific private organization to supervise an individual 489 unless there is only one private organization that can provide the specific supervision 490 services required to meet the individual's supervision needs. 491 (6)(a) If a defendant is placed on probation, the court may order the defendant as a 492 condition of the defendant's probation: 493 (i) to provide for the support of persons for whose support the defendant is legally 494 liable; 495 (ii) to participate in available treatment programs, including any treatment program in 496 which the defendant is currently participating if the program is acceptable to the 497 court; 498 (iii) be voluntarily admitted to the custody of the Division of Substance [Abuse] Use 499 and Mental Health for treatment at the Utah State Hospital in accordance with 500 Section 77-18-106; 501 (iv) if the defendant is on probation for a felony offense, to serve a period of time as 502 an initial condition of probation that does not exceed one year in a county jail 503 designated by the department, after considering any recommendation by the court - 15 - S.B. 74 Enrolled Copy 504 as to which jail the court finds most appropriate; 505 (v) to serve a term of home confinement in accordance with Section 77-18-107; 506 (vi) to participate in compensatory service programs, including the compensatory 507 service program described in Section 76-3-410; 508 (vii) to pay for the costs of investigation, probation, or treatment services; 509 (viii) to pay restitution to a victim with interest in accordance with Chapter 38b, 510 Crime Victims Restitution Act; or 511 (ix) to comply with other terms and conditions the court considers appropriate to 512 ensure public safety or increase a defendant's likelihood of success on probation. 513 (b) If a defendant is placed on probation and a condition of the defendant's probation is 514 routine or random drug testing, the defendant shall sign a waiver consistent with the 515 Health Insurance Portability and Accountability Act, 42 U.S.C. Sec. 1320d et seq., 516 allowing the treatment provider conducting the drug testing to notify the defendant's 517 supervising probation officer regarding the results of the defendant's drug testing. 518 [(b)] (c)(i) Notwithstanding Subsection (6)(a)(iv), the court may modify the probation 519 of a defendant to include a period of time that is served in a county jail 520 immediately before the termination of probation as long as that period of time 521 does not exceed one year. 522 (ii) If a defendant is ordered to serve time in a county jail as a sanction for a 523 probation violation, the one-year limitation described in Subsection (6)(a)(iv) or 524 (6)(b)(i) does not apply to the period of time that the court orders the defendant to 525 serve in a county jail under this Subsection (6)(b)(ii). 526 (7)(a) Except as provided in Subsection (7)(b), probation of an individual placed on 527 probation after December 31, 2018: 528 (i) may not exceed the individual's maximum sentence; 529 (ii) shall be for a period of time that is in accordance with the adult sentencing and 530 supervision length guidelines, as defined in Section 63M-7-401.1, to the extent the 531 guidelines are consistent with the requirements of the law; and 532 (iii) shall be terminated in accordance with the adult sentencing and supervision 533 length guidelines, as defined in Section 63M-7-401.1, to the extent the guidelines 534 are consistent with the requirements of the law. 535 (b) Probation of an individual placed on probation after December 31, 2018, whose 536 maximum sentence is one year or less, may not exceed 36 months. 537 (c) Probation of an individual placed on probation on or after October 1, 2015, but - 16 - Enrolled Copy S.B. 74 538 before January 1, 2019, may be terminated at any time at the discretion of the court 539 or upon completion without violation of 36 months probation in felony or class A 540 misdemeanor cases, 12 months in cases of class B or C misdemeanors or infractions, 541 or as allowed in accordance with Section 64-13-21 regarding earned credits. 542 (d) This Subsection (7) does not apply to the probation of an individual convicted of an 543 offense for criminal nonsupport under Section 76-7-201. 544 (8)(a) Notwithstanding Subsection (7), if there is an unpaid balance of the criminal 545 accounts receivable for the defendant upon termination of the probation period for 546 the defendant under Subsection (7), the court may require the defendant to continue 547 to make payments towards the criminal accounts receivable in accordance with the 548 payment schedule established by the court under Section 77-32b-103. 549 (b) A court may not require the defendant to make payments as described in Subsection 550 (8)(a) beyond the expiration of the defendant's sentence. 551 (c) If the court requires a defendant to continue to pay in accordance with the payment 552 schedule for the criminal accounts receivable under this Subsection (8) and the 553 defendant defaults on the criminal accounts receivable, the court shall proceed with 554 an order for a civil judgment of restitution and a civil accounts receivable for the 555 defendant as described in Section 77-18-114. 556 (d)(i) Upon a motion from the prosecuting attorney, the victim, or upon the court's 557 own motion, the court may require a defendant to show cause as to why the 558 defendant's failure to pay in accordance with the payment schedule should not be 559 treated as contempt of court. 560 (ii) A court may hold a defendant in contempt for failure to make payments for a 561 criminal accounts receivable in accordance with Title 78B, Chapter 6, Part 3, 562 Contempt. 563 (e) This Subsection (8) does not apply to the probation of an individual convicted of an 564 offense for criminal nonsupport under Section 76-7-201. 565 (9) When making any decision regarding probation: 566 (a) the court shall consider information provided by the Department of Corrections 567 regarding a defendant's individual case action plan, including any progress the 568 defendant has made in satisfying the case action plan's completion requirements; and 569 (b) the court may not rely solely on an algorithm or a risk assessment tool score. 570 Section 7. Section 77-19-10 is amended to read: 571 77-19-10 . Judgment of death -- Location and procedures for execution. - 17 - S.B. 74 Enrolled Copy 572 (1) The executive director of the Department of Corrections or a designee shall ensure that 573 the method of judgment of death specified in the warrant or as required under Section 574 77-18-113 is carried out at a secure correctional facility operated by the department and 575 at an hour determined by the department on the date specified in the warrant. 576 (2) When the judgment of death is to be carried out by lethal intravenous injection, the 577 executive director of the department or a designee shall select two or more persons 578 trained in accordance with accepted medical practices to administer intravenous 579 injections, who shall each administer a continuous intravenous injection,[ one of which 580 shall be of a lethal quantity of:] 581 [(a) sodium thiopental; or] 582 [(b) other equally or more effective substance sufficient to cause death.] consisting of 583 one or more substances of a type and amount that is sufficiently effective to cause 584 death without a substantial risk of severe pain. 585 (3) If the judgment of death is to be carried out by firing squad under Subsection 586 77-18-113(2), (3), or (4) the executive director of the department or a designee shall 587 select a five-person firing squad of peace officers. 588 (4) Compensation for persons administering intravenous injections and for members of a 589 firing squad under Subsection 77-18-113(2), (3), or (4) shall be in an amount determined 590 by the director of the Division of Finance. 591 (5) Death under this section shall be certified by a physician. 592 (6) The department shall adopt and enforce rules governing procedures for the execution of 593 judgments of death. 594 Section 8. Section 77-27-10 is amended to read: 595 77-27-10 . Conditions of parole -- Inmate agreement to warrant -- Rulemaking -- 596 Intensive early release parole program. 597 (1)(a) When the Board of Pardons and Parole releases an offender on parole, it shall, in 598 accordance with Section 64-13-21, issue to the parolee a certificate setting forth the 599 conditions of parole, including the graduated and evidence-based responses to a 600 violation of a condition of parole established in the adult sentencing and supervision 601 length guidelines, as defined in Section 63M-7-401.1, which the offender shall accept 602 and agree to as evidenced by the offender's signature affixed to the agreement. 603 (b) The parole agreement shall require that the inmate agree in writing that the board 604 may issue a warrant and conduct a parole revocation hearing if: 605 (i) the board determines after the grant of parole that the inmate willfully provided to - 18 - Enrolled Copy S.B. 74 606 the board false or inaccurate information that the board finds was significant in the 607 board's determination to grant parole; or 608 (ii)(A) the inmate has engaged in criminal conduct prior to the granting of parole; 609 and 610 (B) the board did not have information regarding the conduct at the time parole 611 was granted. 612 (c)(i) A copy of the agreement shall be delivered to the Department of Corrections 613 and a copy shall be given to the parolee. 614 (ii) The original agreement shall remain with the board's file. 615 (2)(a) If an offender convicted of violating or attempting to violate Section 76-5-301.1, 616 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, 617 76-5-404, 76-5-404.1, 76-5-404.3, or 76-5-405, is released on parole, the board shall 618 order outpatient mental health counseling and treatment as a condition of parole. 619 (b) The board shall develop standards and conditions of parole under this Subsection (2) 620 in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. 621 (c) This Subsection (2) does not apply to intensive early release parole. 622 (3)(a)(i) In addition to the conditions set out in Subsection (1), the board may place 623 offenders in an intensive early release parole program. 624 (ii) The board shall determine the conditions of parole which are reasonably 625 necessary to protect the community as well as to protect the interests of the 626 offender and to assist the offender to lead a law-abiding life. 627 (b) The offender is eligible for this program only if the offender: 628 (i) has not been convicted of a sexual offense; or 629 (ii) has not been sentenced pursuant to Section 76-3-406. 630 (c) The department shall: 631 (i) make rules in accordance with Title 63G, Chapter 3, Utah Administrative 632 Rulemaking Act, for operation of the program; 633 (ii) adopt and implement internal management policies for operation of the program; 634 (iii) determine whether or not to refer an offender into this program within 120 days 635 from the date the offender is committed to prison by the sentencing court; and 636 (iv) make the final recommendation to the board regarding the placement of an 637 offender into the program. 638 (d) The department may not consider credit for time served in a county jail awaiting trial 639 or sentencing when calculating the 120-day period. - 19 - S.B. 74 Enrolled Copy 640 (e) The prosecuting attorney or sentencing court may refer an offender for consideration 641 by the department for participation in the program. 642 (f) The board shall determine whether or not to place an offender into this program 643 within 30 days of receiving the department's recommendation. 644 (4) This program shall be implemented by the department within the existing budget. 645 (5) In addition to the conditions of parole described in this section, and if a condition of the 646 offender's parole is routine or random drug testing, the board shall order the offender to 647 sign a waiver consistent with the Health Insurance Portability and Accountability Act, 648 42 U.S.C. Sec. 1320d et seq., allowing the treatment provider conducting the drug 649 testing to notify the offender's supervising parole officer regarding the results of the 650 offender's drug testing. 651 [(5)] (6) During the time the offender is on parole, the department shall collect from the 652 offender the monthly supervision fee authorized by Section 64-13-21. 653 [(6)] (7) When a parolee commits a violation of the parole agreement, the department may: 654 (a) respond in accordance with the graduated and evidence-based responses established 655 in accordance with Section 64-13-21; or 656 (b) when the graduated and evidence-based responses established in accordance with 657 Section 64-13-21 indicate, refer the parolee to the Board of Pardons and Parole for 658 revocation of parole. 659 Section 9. Effective Date. 660 This bill takes effect on May 7, 2025. - 20 -