Bill Summary – FastDemocracy

2nd Sub. (Salmon) S.B. 109                                                   01-23-24 9:29 AM
          (i) determines that the direct supervision model endangers:
          (A) the health and safety of the inmates or correctional facility staff; or
          (B) the security of the correctional facility; and
          (ii) creates a policy detailing what the supervision model will be and why that model
  will increase the health and safety of the inmates or correctional facility staff or the security of
  the correctional facility over a direct supervision model.
          (b) The department shall post on the department's website:
          (i) the executive director's determinations regarding the dangers of using a direct
  supervision model as described in Subsection (7)(a)(i); and
          (ii) the policy detailing the supervision model to be used as described in Subsection
  (7)(a)(ii).
          [(7)] (8) [Beginning in the 2022 interim, the] The department shall provide an annual
  report to the Law Enforcement and Criminal Justice Interim Committee regarding:
          (a) the status of the implementation of direct supervision; and
          (b) if applicable, the implementation of a supervision model other than the direct
  supervision model as described in Subsection (7).
          Section 6. Section 64-13-21 is amended to read:
          64-13-21. Supervision of sentenced offenders placed in community -- Rulemaking
  -- POST certified parole or probation officers and peace officers -- Duties -- Supervision
  fee.
          (1) (a) The department, except as otherwise provided by law, shall supervise a
  sentenced [offenders] offender placed in the community if the offender:
          (i) (A) is placed on probation by [the courts,] a court;
          (B) is released on parole by the Board of Pardons and Parole[,]; or
          (C) [upon acceptance] is accepted for supervision under the terms of the Interstate
  Compact for the Supervision of Parolees and Probationers[.]; and
          (ii) has been convicted of:
          (A) a felony;
          (B) a class A misdemeanor when an element of the offense is the use or attempted use
  of physical force against an individual or property; or
          (C) Öº [except as provided in] notwithstanding »Ö Subsection (1)(a)(ii)(B), a class A
366a misdemeanor if the
                                                       - 12 -       Senate Committee Amendments 1-24-2024 lp/sl
Statutes affected: 
Introduced: 17-22-5.5, 26B-4-325, 64-13-6, 64-13-14, 64-13-21, 64-13-25, 64-13-29, 64-13-43, 77-18-105, 77-20-203, 77-20-204
Enrolled: 17-22-5.5, 26B-4-325, 64-13-6, 64-13-14, 64-13-21, 64-13-25, 64-13-27, 64-13-29, 64-13-43, 77-20-203, 77-20-204, 77-27-11
S.B. 109 1st Substitute (Not Adopted) Text: 17-22-5.5, 26B-4-325, 64-13-6, 64-13-14, 64-13-21, 64-13-25, 64-13-29, 64-13-43, 77-18-105, 77-20-203, 77-20-204
S.B. 109 2nd Substitute Amended Pages Only: 64-13-21
Amended: 17-22-5.5, 26B-4-325, 64-13-6, 64-13-14, 64-13-21, 64-13-25, 64-13-29, 64-13-43, 77-20-203, 77-20-204
S.B. 109 2nd Substitute (Not Adopted) Text: 17-22-5.5, 26B-4-325, 64-13-6, 64-13-14, 64-13-21, 64-13-25, 64-13-29, 64-13-43, 77-20-203, 77-20-204