Bill Summary – FastDemocracy

LEGISLATIVE GENERAL COUNSEL                                               S.B. 52
Approved for Filing: E.D. Chelsea-McCarty 6
          6 12-20-21 4:35 PM 6
                       SEX OFFENDER REGISTRY AMENDMENTS
                                        2022 GENERAL SESSION
                                           STATE OF UTAH
                             Chief Sponsor: Michael S. Kennedy
                                 House Sponsor: ____________
 6
 LONG TITLE
 General Description:
        This bill allows for individuals on the Sex and Kidnap Offender Registry to enter
 restricted areas if accompanied by an adult.
 Highlighted Provisions:
        This bill:
        < allows for individuals on the Sex and Kidnap Offender Registry to enter a restricted
 area if accompanied by an adult; and
        < changes the term "sex offender" to "registrant."
 Money Appropriated in this Bill:
        None
 Other Special Clauses:
        None
 Utah Code Sections Affected:
 AMENDS:
        77-27-21.7, as last amended by Laws of Utah 2020, Chapter 206
        77-27-21.8, as last amended by Laws of Utah 2015, Chapter 258
        77-27-21.9, as enacted by Laws of Utah 2008, Chapter 309
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                                                                                                     S.B. 52
 Be it enacted by the Legislature of the state of Utah:
        Section 1. Section 77-27-21.7 is amended to read:
     *SB0052*
       S.B. 52                                                                       12-20-21 4:35 PM
         77-27-21.7. Sex offender registrant restrictions.
         (1) As used in this section, Section 77-27-21.8, and Section 77-27-21.9:
         (a) "Minor" means an individual who is less than 18 years old[;].
         (b) (i) "Protected area" means the premises occupied by:
         (A) any licensed day care or preschool facility;
         (B) a swimming pool that is open to the public;
         (C) a public or private primary or secondary school that is not on the grounds of a
 correctional facility;
         (D) a community park that is open to the public;
         (E) a playground that is open to the public, including those areas designed to provide
 children space, recreational equipment, or other amenities intended to allow children to engage
 in physical activity; and
         (F) except as provided in Subsection (1)(b)(ii), an area that is 1,000 feet or less from
 the residence of a victim of the [sex offender if the sex offender] registrant if the registrant is
 subject to a victim requested restriction.
         (ii) "Protected area" does not include the area described in Subsection (1)(b)(i)(F) if:
         (A) the victim is a member of the immediate family of the [sex offender] registrant;
 and
         (B) the terms of the [sex offender's] registrant's agreement of probation or parole allow
 the [sex offender] registrant to reside in the same residence as the victim.
         (c) ["Sex offender"] "Registrant" means an adult or juvenile who is required to register
 in accordance with Title 77, Chapter 41, Sex and Kidnap Offender Registry, due to a
 conviction for any offense that is committed against a person younger than 18 years old.
         (2) For purposes of Subsection (1)(b)(i)(F), a [sex offender] registrant is subject to a
 victim requested restriction if:
         (a) the [sex offender] registrant is on probation or parole for an offense that requires
 the [offender] registrant to register in accordance with Title 77, Chapter 41, Sex and Kidnap
 Offender Registry;
         (b) the victim or the victim's parent or guardian advises the Department of Corrections
 that the victim elects to restrict the [sex offender] registrant from the area and authorizes the
 Department of Corrections to advise the [sex offender] registrant of the area where the victim
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       12-20-21 4:35 PM                                                                            S.B. 52
 resides; and
         (c) the Department of Corrections notifies the [sex offender] registrant in writing that
 the [sex offender] registrant is prohibited from being in the area described in Subsection
 (1)(b)(i)(F) and provides a description of the location of the protected area to the [sex offender]
 registrant.
         (3) A [sex offender] registrant may not:
         (a) be in a protected area except:
         (i) when the [sex offender] registrant must be in a protected area to perform the [sex
 offender's] registrant's parental responsibilities;
         (ii) (A) when the protected area is a public or private primary or secondary school; and
         (B) the school is open and being used for a public activity other than a school-related
 function that involves a minor; [or]
         (iii) (A) if the protected area is a licensed day care or preschool facility located within a
 building that is open to the public for purposes other than the operation of the day care or
 preschool facility; and
         (B) the [sex offender] registrant does not enter a part of the building that is occupied by
 the day care or preschool facility; or
         (iv) when the registrant is accompanied in the protected area by an adult who remains
 with the registrant for the duration of the visit; or
         (b) serve as an athletic coach, manager, or trainer for any sports team of which a minor
 who is less than 18 years old is a member.
         (4) Subsection (3)(a)(iv) does not apply to Subsection (1)(b)(i)(F).
         [(4)] (5) A [sex offender] registrant who violates this section is guilty of a class A
 misdemeanor.
         Section 2. Section 77-27-21.8 is amended to read:
         77-27-21.8. Sex offender registrant in presence of a child -- Definitions --
 Penalties.
         (1) As used in this section:
         (a) "Accompany" means:
         (i) to be in the presence of an individual; and
         (ii) to move or travel with that individual from one location to another, whether
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        S.B. 52                                                                      12-20-21 4:35 PM
 outdoors, indoors, or in or on any type of vehicle.
        (b) "Child" means an individual younger than 14 years [of age] old.
        (2) A [sex offender] registrant subject to registration in accordance with Title 77,
 Chapter 41, Sex and Kidnap Offender Registry, for an offense committed or attempted to be
 committed against a child younger than 14 years [of age] old is guilty of a class A
 misdemeanor if the [sex offender] registrant requests, invites, or solicits a child to accompany
 the [sex offender] registrant, under circumstances that do not constitute an attempt to violate
 Section 76-5-301.1, child kidnapping, unless:
        (a) (i) the [sex offender] registrant, prior to accompanying the child:
        (A) verbally advises the child's parent or legal guardian that the [sex offender]
 registrant is on the state sex offender registry and is required by state law to obtain written
 permission in order for the [sex offender] registrant to accompany the child; and
        (B) requests that the child's parent or legal guardian provide written authorization for
 the [sex offender] registrant to accompany the child, including the specific dates and locations;
        (ii) the child's parent or legal guardian has provided to the [sex offender] registrant
 written authorization, including the specific dates and locations, for the [sex offender]
 registrant to accompany the child; and
        (iii) the [sex offender] registrant has possession of the written authorization and is
 accompanying the child only at the dates and locations specified in the authorization;
        (b) the child's parent or guardian has verbally authorized the [sex offender] registrant to
 accompany the child either in the child's residence or on property appurtenant to the child's
 residence, but in no other locations; or
        (c) the child is the natural child of the [sex offender] registrant, and the [offender]
 registrant is not prohibited by any court order, or probation or parole provision, from contact
 with the child.
        (3) (a) A [sex offender] registrant convicted of a violation of Subsection (2) is subject
 to registration in accordance with Title 77, Chapter 41, Sex and Kidnap Offender Registry, for
 an additional five years subsequent to the required registration under Section 77-41-105.
        (b) The period of additional registration imposed under Subsection (3)(a) is also in
 addition to any period of registration imposed under Subsection 77-41-107(3) for failure to
 comply with registration requirements.
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        12-20-21 4:35 PM                                                                               S.B. 52
           (4) It is not a defense to a prosecution under this section that the [defendant] registrant
 mistakenly believed the individual to be 14 years [of age] old or older at the time of the offense
 or was unaware of the individual's true age.
           (5) This section does not apply if a [sex offender] registrant is acting to rescue a child
 who is in an emergency and life-threatening situation.
           Section 3. Section 77-27-21.9 is amended to read:
           77-27-21.9. Sex offender registrant assessment.
           (1) As used in this section:
           (a) "Dynamic factors" means a person's individual characteristics, issues, resources, or
 circumstances that:
           (i) can change or be influenced; and
           (ii) affect the risk of recidivism or the risk of violating conditions of probation or
 parole.
           (b) "Multi-domain assessment" means an evaluation process or tool which reports in
 quantitative and qualitative terms [an offender's] a registrant's condition, stability, needs,
 resources, and dynamic factors affecting the [offender's] registrant's transition into the
 community and compliance with conditions of probation or parole, such as the following:
           (i) alcohol and other drug use;
           (ii) mental health status;
           (iii) physical health;
           (iv) criminal behavior;
           (v) education;
           (vi) emotional health and barriers;
           (vii) employment;
           (viii) family dynamics;
           (ix) housing;
           (x) physical health and nutrition;
           (xi) spirituality;
           (xii) social support systems;
           (xiii) special population needs, including:
           (A) co-existing disorders;
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        S.B. 52                                                                       12-20-21 4:35 PM
           (B) domestic violence;
           (C) drug of choice;
           (D) gender, ethnic, and cultural considerations;
           (E) other health issues;
           (F) sexual abuse; and
           (G) sexual orientation;
           (xiv) transportation; and
           (xv) treatment involvement.
           (c) "Qualitative terms" means written summaries used to describe meaning, enrich, or
 explain significant quantitative indicators or benchmarks within the areas defined in Subsection
 (1)(b).
           (d) "Quantitative terms" means numerical distinctions or benchmarks used to describe
 conditions within the areas defined in Subsection (1)(b).
           (2) The department shall issue a request for proposals to provide a periodic
 multi-domain assessment tool, as defined in Subsection (1)(b) and implement the tool for a
 three-year trial period in the management of [sex offenders] registrants being supervised in the
 community in the department's Region 3.
           (3) The request for proposals shall include a requirement that the multi-domain
 assessment tool be designed to be administered:
           (a) every 16 weeks during the first year a [sex offender] registrant is supervised in the
 community; and
           (b) every 12 to 26 weeks during the second and subsequent years a [sex offender]
 registrant is supervised in the community, as determined appropriate by the department's
 supervisory personnel and the [sex offender's] registrant's treatment team.
           (4) The department shall promptly make results of the multi-domain assessment
 available to:
           (a) the [sex offender's] registrant's treatment team; and
           (b) the corrections personnel responsible for supervising the [offender] registrant.
           (5) The department shall provide to the legislative Law Enforcement and Criminal
 Justice Interim Committee at the conclusion of the trial period a written report of the results of
 the use of the multi-domain assessments, including:
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      12-20-21 4:35 PM                                                           S.B. 52
     (a) the impact on recidivism;
     (b) other indicators of the effect of the use of the assessments;
     (c) the number of assessments administered annually;
     (d) the number of individuals who were assessed during the year; and
     (e) any recommended legislative or policy changes.
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Statutes affected: 
Introduced: 77-27-21.7, 77-27-21.8, 77-27-21.9