Bill Summary – FastDemocracy

Enrolled Copy                                                                          H.B. 317
                          PRETRIAL RELEASE MODIFICATIONS
                                       2023 GENERAL SESSION
                                           STATE OF UTAH
                                      Chief Sponsor: Katy Hall
                                Senate Sponsor: Kirk A. Cullimore
 6
 LONG TITLE
 General Description:
         This bill amends provisions related to pretrial release.
 Highlighted Provisions:
         This bill:
         < repeals statutes related to bail commissioners;
         < defines terms related to bail and pretrial release;
         < addresses the right to bail;
         < amends provisions regarding pretrial release by a county sheriff or the county
 sheriff's designee;
         < amends provisions regarding pretrial release by a judge or magistrate;
         < provides that a magistrate or judge may not base a determination about pretrial
 release solely on the seriousness of the offense, or the type of offense, for which an
 individual is arrested or charged;
         < addresses the modification of a pretrial status order when a defendant fails to appear
 at a required court appearance or when a defendant has not paid the amount of a
 financial condition within a certain period of time;
         < grants an expedited right of appeal to a defendant who is ordered to be detained
 pretrial; and
         < makes technical and conforming changes.
 Money Appropriated in this Bill:
         None
 Other Special Clauses:
       H.B. 317                                                                 Enrolled Copy
        None
 Utah Code Sections Affected:
 AMENDS:
        17-22-32, as last amended by Laws of Utah 2022, Chapter 187
        77-20-102, as enacted by Laws of Utah 2021, Second Special Session, Chapter 4
        77-20-201, as enacted by Laws of Utah 2021, Second Special Session, Chapter 4
        77-20-203, as renumbered and amended by Laws of Utah 2021, Second Special
 Session, Chapter 4
        77-20-204, as enacted by Laws of Utah 2021, Second Special Session, Chapter 4
        77-20-205, as enacted by Laws of Utah 2021, Second Special Session, Chapter 4
        77-20-207, as enacted by Laws of Utah 2021, Second Special Session, Chapter 4
        77-20-208, as enacted by Laws of Utah 2021, Second Special Session, Chapter 4
        77-20-301, as renumbered and amended by Laws of Utah 2021, Second Special
 Session, Chapter 4
        77-20-302, as renumbered and amended by Laws of Utah 2021, Second Special
 Session, Chapter 4
        77-20-401, as enacted by Laws of Utah 2021, Second Special Session, Chapter 4
 ENACTS:
        77-20-209, Utah Code Annotated 1953
 REPEALS:
        10-3-921, as last amended by Laws of Utah 1990, Chapter 283
        10-3-922, as last amended by Laws of Utah 1990, Chapter 283
        17-32-1, as last amended by Laws of Utah 2021, Second Special Session, Chapter 4
        17-32-2, as last amended by Laws of Utah 2021, Second Special Session, Chapter 4
        17-32-3, as last amended by Laws of Utah 1990, Chapter 283
        17-32-4, as last amended by Laws of Utah 1990, Chapter 283
56
 Be it enacted by the Legislature of the state of Utah:
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       Enrolled Copy                                                                           H.B. 317
         Section 1. Section 17-22-32 is amended to read:
         17-22-32. County jail reporting requirements.
         (1) As used in this section:
         (a) "Commission" means the State Commission on Criminal and Juvenile Justice
 created in Section 63M-7-201.
         (b) (i) "In-custody death" means an inmate death that occurs while the inmate is in the
 custody of a county jail.
         (ii) "In-custody death" includes an inmate death that occurs while the inmate is:
         (A) being transported for medical care; or
         (B) receiving medical care outside of a county jail.
         (c) "Inmate" means an individual who is processed or booked into custody or housed in
 a county jail in the state.
         (d) "Opiate" means the same as that term is defined in Section 58-37-2.
         (2) Each county jail shall submit a report to the commission before June 15 of each
 year that includes, for the preceding calendar year:
         (a) the average daily inmate population each month;
         (b) the number of inmates in the county jail on the last day of each month who identify
 as each race or ethnicity included in the Standards for Transmitting Race and Ethnicity
 published by the Untied States Federal Bureau of Investigation;
         (c) the number of inmates booked into the county jail;
         (d) the number of inmates held in the county jail each month on behalf of each of the
 following entities:
         (i) the Bureau of Indian Affairs;
         (ii) a state prison;
         (iii) a federal prison;
         (iv) the United States Immigration and Customs Enforcement;
         (v) any other entity with which a county jail has entered a contract to house inmates on
 the entity's behalf;
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        H.B. 317                                                                          Enrolled Copy
          (e) the number of inmates that are denied pretrial release and held in the custody of the
 county jail while the inmate awaited final disposition of the inmate's criminal charges;
          (f) for each inmate booked into the county jail:
          (i) the name of the agency that arrested the inmate;
          (ii) the date and time the inmate was booked into and released from the custody of the
 county jail;
          (iii) if the inmate was released from the custody of the county jail, the reason the
 inmate was released from the custody of the county jail;
          (iv) if the inmate was released from the custody of the county jail on a financial
 condition, whether the financial condition was set by a [bail commissioner] county sheriff or a
 court;
          (v) the number of days the inmate was held in the custody of the county jail before
 disposition of the inmate's criminal charges;
          (vi) whether the inmate was released from the custody of the county jail before final
 disposition of the inmate's criminal charges; and
          (vii) the state identification number of the inmate;
          (g) the number of in-custody deaths that occurred at the county jail;
          (h) for each in-custody death;
          (i) the name, gender, race, ethnicity, age, and known or suspected medical diagnosis or
 disability, if any, of the deceased;
          (ii) the date, time, and location of death;
          (iii) the law enforcement agency that detained, arrested, or was in the process of
 arresting the deceased; and
          (iv) a brief description of the circumstances surrounding the death;
          (i) the known, or discoverable on reasonable inquiry, causes and contributing factors of
 each of the in-custody deaths described in Subsection (2)(g);
          (j) the county jail's policy for notifying an inmate's next of kin after the inmate's
 in-custody death;
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        Enrolled Copy                                                                           H.B. 317
        (k) the county jail policies, procedures, and protocols:
        (i) for treatment of an inmate experiencing withdrawal from alcohol or substance use,
 including use of opiates;
        (ii) that relate to the county jail's provision, or lack of provision, of medications used to
 treat, mitigate, or address an inmate's symptoms of withdrawal, including methadone and all
 forms of buprenorphine and naltrexone; and
        (iii) that relate to screening, assessment, and treatment of an inmate for a substance use
 or mental health disorder; and
        (l) any report the county jail provides or is required to provide under federal law or
 regulation relating to inmate deaths.
        (3) (a) Subsection (2) does not apply to a county jail if the county jail:
        (i) collects and stores the data described in Subsection (2); and
        (ii) enters into a memorandum of understanding with the commission that allows the
 commission to access the data described in Subsection (2).
        (b) The memorandum of understanding described in Subsection (3)(a)(ii) shall include
 a provision to protect any information related to an ongoing investigation and comply with all
 applicable federal and state laws.
        (c) If the commission accesses data from a county jail in accordance with Subsection
 (3)(a), the commission may not release a report prepared from that data, unless:
        (i) the commission provides the report for review to:
        (A) the county jail; and
        (B) any arresting agency that is named in the report; and
        (ii) (A) the county jail approves the report for release;
        (B) the county jail reviews the report and prepares a response to the report to be
 published with the report; or
        (C) the county jail fails to provide a response to the report within four weeks after the
 day on which the commission provides the report to the county jail.
        (4) The commission shall:
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        H.B. 317                                                                        Enrolled Copy
        (a) compile the information from the reports described in Subsection (2);
        (b) omit or redact any identifying information of an inmate in the compilation to the
 extent omission or redaction is necessary to comply with state and federal law;
        (c) submit the compilation to the Law Enforcement and Criminal Justice Interim
 Committee and the Utah Substance Use and Mental Health Advisory Council before November
 1 of each year; and
        (d) submit the compilation to the protection and advocacy agency designated by the
 governor before November 1 of each year.
        (5) The commission may not provide access to or use a county jail's policies,
 procedures, or protocols submitted under this section in a manner or for a purpose not
 described in this section.
        (6) A report including only the names and causes of death of deceased inmates and the
 facility in which they were being held in custody shall be made available to the public.
        Section 2. Section 77-20-102 is amended to read:
        77-20-102. Definitions.
        As used in this chapter:
        (1) "Bail" means pretrial release.
        (2) "Bail bond" means the same as that term is defined in Section 31A-35-102.
        [(2)] (3) "Bail bond agency" means the same as that term is defined in Section
 31A-35-102.
        [(3)] (4) "Bail bond producer" means the same as that term is defined in Section
 31A-35-102.
        [(4) "Bail commissioner" means a bail commissioner appointed in accordance with
 Section 17-32-1.]
        (5) "County jail official" means a county sheriff or the county sheriff's designee.
        [(5)] (6) "Exonerate" means to release and discharge a surety, or a surety's bail bond
 producer, from liability for a bail bond.
        [(6)] (7) "Financial condition" [or "monetary bail"] means any monetary condition that
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        Enrolled Copy                                                                           H.B. 317
 is imposed to secure an individual's pretrial release.
        [(7)] (8) "Forfeiture" means:
        (a) to divest an individual or surety from a right to the repayment of monetary bail; or
        (b) to enforce a pledge of assets or real or personal property from an individual or
 surety used to secure an individual's pretrial release.
        [(8)] (9) "Magistrate" means the same as that term is defined in Section 77-1-3.
        (10) (a) "Material change in circumstances" includes:
        (i) an unreasonable delay in prosecution that is not attributable to the defendant;
        (ii) a material change in the risk that an individual poses to a victim, a witness, or the
 public if released due to the passage of time or any other relevant factor;
        (iii) a material change in the conditions of release or the services that are reasonably
 available to the defendant if released;
        (iv) a willful or repeated failure by the defendant to appear at required court
 appearances; or
        (v) any other material change related to the defendant's risk of flight or danger to any
 other individual or to the community if released.
        (b) "Material change in circumstances" does not include any fact or consideration that
 is known at the time that the pretrial status order is issued.
        (11) "Monetary bail" means a financial condition.
        [(9)] (12) "Own recognizance" means the release of an individual without any
 condition of release other than the individual's promise to:
        (a) appear for all required court proceedings; and
        (b) not commit any criminal offense.
        [(10)] (13) "Pretrial detention hearing" means a hearing described in Section
 77-20-206.
        [(11)] (14) "Pretrial release" [or "bail"] means the release of an individual from law
 enforcement custody during the time the individual awaits trial or other resolution of criminal
 charges.
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        H.B. 317                                                                          Enrolled Copy
         [(12)] (15) "Pretrial risk assessment" means an objective, research-based, validated
 assessment tool that measures an individual's risk of flight and risk of anticipated criminal
 conduct while on pretrial release.
         [(13)] (16) "Pretrial services program" means a program that is established to:
         (a) gather information on individuals booked into a jail facility;
         (b) conduct pretrial risk assessments; and
         (c) supervise individuals granted pretrial release.
         [(14)] (17) "Pretrial status order" means an order issued by a magistrate or judge that:
         (a) releases the individual on the individual's own recognizance while the individual
 awaits trial or other resolution of criminal charges;
         (b) sets the terms and conditions of the individual's pretrial release while the individual
 awaits trial or other resolution of criminal charges; or
         (c) denies pretrial release and orders that the individual be detained while the
 individual awaits trial or other resolution of criminal charges.
         [(15)] (18) "Principal" means the same as that term is defined in Section 31A-35-102.
         [(16)] (19) "Surety" means a surety insurer or a bail bond agency.
         [(17)] (20) "Surety insurer" means the same as that term is defined in Section
 31A-35-102.
         [(18)] (21) "Temporary pretrial status order" means an order issued by a magistrate
 that:
         (a) releases the individual on the individual's own recognizance until a pretrial status
 order is issued;
         (b) sets the terms and conditions of the individual's pretrial release until a pretrial status
 order is issued; or
         (c) denies pretrial release and orders that the individual be detained until a pretrial
 status order is issued.
         [(19)] (22) "Unsecured bond" means an individual's promise to pay a financial
 condition if the individual fails to appear for any required court appearance.
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        Enrolled Copy                                                                                  H.B. 317
           Section 3. Section 77-20-201 is amended to read:
           77-20-201. Right to bail -- Capital felony.
           (1) An individual charged with, or arrested for, a criminal offense shall be admitted to
 bail as a matter of right, except if the individual is charged with:
           (a) a capital felony when [the court finds] there is substantial evidence to support the
 charge;
           (b) a felony committed while on parole or on probation for a felony conviction, or
 while free on bail awaiting trial on a previous felony charge, when [the court finds] there is
 substantial evidence to support the current felony charge;
           (c) a felony when there is substantial evidence to support the charge and the court
 finds, by clear and convincing evidence, that:
           (i) the individual would constitute a substantial danger to any other individual or to the
 community[, or] after considering available conditions of release that the court may impose if
 the individual is released on bail; or
           (ii) the individual is likely to flee the jurisdiction of the court[,] if the individual is
 released on bail;
           (d) a felony when [the court finds] there is substantial evidence to support the charge
 and the court finds, by clear and convincing evidence, that the individual violated a material
 condition of release while previously on bail;
           (e) a domestic violence offense if [the court finds]:
           (i) [that] there is substantial evidence to support the char