Bill Summary – FastDemocracy

LEGISLATIVE GENERAL COUNSEL                                                H.B. 445
Approved for Filing: E.N. Weeks 6
         6 01-31-24 10:59 AM 6
                      INDIGENT DEFENSE FUNDING AMENDMENTS
                                       2024 GENERAL SESSION
                                            STATE OF UTAH
                                  Chief Sponsor: Steve Eliason
                                Senate Sponsor: Curtis S. Bramble
 6
 LONG TITLE
 General Description:
        This bill amends provisions relating to the 24-7 sobriety program.
 Highlighted Provisions:
        This bill:
        < requires the Department of Public Safety to waive participation and testing fees
 entirely or in part for indigent individuals participating in the 24-7 sobriety
 program;
        < requires an individual for whom the department waived fees to reimburse the
 department under certain circumstances; and
        < makes technical and conforming changes.
 Money Appropriated in this Bill:
        None
 Other Special Clauses:
        None
 Utah Code Sections Affected:
 AMENDS:
        41-6a-505, as last amended by Laws of Utah 2023, Chapters 328, 415
        41-6a-515.5, as last amended by Laws of Utah 2021, Chapter 83
                                                                                                 H.B. 445
26
 Be it enacted by the Legislature of the state of Utah:
     *HB0445*
      H.B. 445                                                                   01-31-24 10:59 AM
        Section 1. Section 41-6a-505 is amended to read:
        41-6a-505. Sentencing requirements for driving under the influence of alcohol,
 drugs, or a combination of both violations.
        (1) As part of any sentence for a first conviction of Section 41-6a-502 where there is
 admissible evidence that the individual had a blood or breath alcohol level of .16 or higher, had
 a blood or breath alcohol level of .05 or higher in addition to any measurable controlled
 substance, or had a combination of two or more controlled substances in the individual's body
 that were not recommended in accordance with Title 26B, Chapter 4, Part 2, Cannabinoid
 Research and Medical Cannabis, or prescribed:
        (a) the court shall:
        (i) (A) impose a jail sentence of not less than five days; or
        (B) impose a jail sentence of not less than two days in addition to home confinement of
 not fewer than 30 consecutive days through the use of electronic monitoring that includes a
 substance abuse testing instrument in accordance with Section 41-6a-506;
        (ii) order the individual to participate in a screening;
        (iii) order the individual to participate in an assessment, if it is found appropriate by a
 screening under Subsection (1)(a)(ii);
        (iv) order the individual to participate in an educational series if the court does not
 order substance abuse treatment as described under Subsection (1)(b);
        (v) impose a fine of not less than $700;
        (vi) order probation for the individual in accordance with Section 41-6a-507;
        (vii) (A) order the individual to pay the administrative impound fee described in
 Section 41-6a-1406; or
        (B) if the administrative impound fee was paid by a party described in Subsection
 41-6a-1406(5)(a), other than the individual sentenced, order the individual sentenced to
 reimburse the party;
        (viii) (A) order the individual to pay the towing and storage fees described in Section
 72-9-603; or
        (B) if the towing and storage fees were paid by a party described in Subsection
 41-6a-1406(5)(a), other than the individual sentenced, order the individual sentenced to
 reimburse the party; or
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       01-31-24 10:59 AM                                                                       H.B. 445
        (ix) unless the court determines and states on the record that an ignition interlock
 system is not necessary for the safety of the community and in the best interest of justice, order
 the installation of an ignition interlock system as described in Section 41-6a-518; and
        (b) the court may:
        (i) order the individual to obtain substance abuse treatment if the substance abuse
 treatment program determines that substance abuse treatment is appropriate;
        (ii) order the individual to participate in a [24/7] 24-7 sobriety program as defined in
 Section 41-6a-515.5 if the individual is 21 years old or older; or
        (iii) order a combination of Subsections (1)(b)(i) and (ii).
        (2) (a) If an individual described in Subsection (1) is participating in a [24/7] 24-7
 sobriety program as defined in Section 41-6a-515.5, the court may suspend the jail sentence
 imposed under Subsection (1)(a).
        (b) If an individual described in Subsection (1) fails to successfully complete all of the
 requirements of the [24/7] 24-7 sobriety program, the court shall impose the suspended jail
 sentence described in Subsection (2)(a).
        (3) As part of any sentence for any first conviction of Section 41-6a-502 not described
 in Subsection (1):
        (a) the court shall:
        (i) (A) impose a jail sentence of not less than two days; or
        (B) require the individual to work in a compensatory-service work program for not less
 than 48 hours;
        (ii) order the individual to participate in a screening;
        (iii) order the individual to participate in an assessment, if it is found appropriate by a
 screening under Subsection (3)(a)(ii);
        (iv) order the individual to participate in an educational series if the court does not
 order substance abuse treatment as described under Subsection (3)(b);
        (v) impose a fine of not less than $700;
        (vi) (A) order the individual to pay the administrative impound fee described in Section
 41-6a-1406; or
        (B) if the administrative impound fee was paid by a party described in Subsection
 41-6a-1406(5)(a), other than the individual sentenced, order the individual sentenced to
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        H.B. 445                                                                 01-31-24 10:59 AM
 reimburse the party; or
        (vii) (A) order the individual to pay the towing and storage fees described in Section
 72-9-603; or
        (B) if the towing and storage fees were paid by a party described in Subsection
 41-6a-1406(5)(a), other than the individual sentenced, order the individual sentenced to
 reimburse the party; and
        (b) the court may:
        (i) order the individual to obtain substance abuse treatment if the substance abuse
 treatment program determines that substance abuse treatment is appropriate;
        (ii) order probation for the individual in accordance with Section 41-6a-507;
        (iii) order the individual to participate in a [24/7] 24-7 sobriety program as defined in
 Section 41-6a-515.5 if the individual is 21 years old or older; or
        (iv) order a combination of Subsections (3)(b)(i) through (iii).
        (4) (a) If an individual described in Subsection (3) is participating in a [24/7] 24-7
 sobriety program as defined in Section 41-6a-515.5, the court may suspend the jail sentence
 imposed under Subsection (3)(a).
        (b) If an individual described in Subsection (4)(a) fails to successfully complete all of
 the requirements of the [24/7] 24-7 sobriety program, the court shall impose the suspended jail
 sentence described in Subsection (4)(a).
        (5) If an individual has a prior conviction as defined in Section 41-6a-501 that is within
 10 years of the current conviction under Section 41-6a-502 or the commission of the offense
 upon which the current conviction is based and where there is admissible evidence that the
 individual had a blood or breath alcohol level of .16 or higher, had a blood or breath alcohol
 level of .05 or higher in addition to any measurable controlled substance, or had a combination
 of two or more controlled substances in the individual's body that were not recommended in
 accordance with Title 26B, Chapter 4, Part 2, Cannabinoid Research and Medical Cannabis, or
 prescribed:
        (a) the court shall:
        (i) (A) impose a jail sentence of not less than 20 days;
        (B) impose a jail sentence of not less than 10 days in addition to home confinement of
 not fewer than 60 consecutive days through the use of electronic monitoring that includes a
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        01-31-24 10:59 AM                                                                       H.B. 445
 substance abuse testing instrument in accordance with Section 41-6a-506; or
        (C) impose a jail sentence of not less than 10 days in addition to ordering the
 individual to obtain substance abuse treatment, if the court finds that substance abuse treatment
 is more likely to reduce recidivism and is in the interests of public safety;
        (ii) order the individual to participate in a screening;
        (iii) order the individual to participate in an assessment, if it is found appropriate by a
 screening under Subsection (5)(a)(ii);
        (iv) order the individual to participate in an educational series if the court does not
 order substance abuse treatment as described under Subsection (5)(b);
        (v) impose a fine of not less than $800;
        (vi) order probation for the individual in accordance with Section 41-6a-507;
        (vii) order the installation of an ignition interlock system as described in Section
 41-6a-518;
        (viii) (A) order the individual to pay the administrative impound fee described in
 Section 41-6a-1406; or
        (B) if the administrative impound fee was paid by a party described in Subsection
 41-6a-1406(5)(a), other than the individual sentenced, order the individual sentenced to
 reimburse the party; or
        (ix) (A) order the individual to pay the towing and storage fees described in Section
 72-9-603; or
        (B) if the towing and storage fees were paid by a party described in Subsection
 41-6a-1406(5)(a), other than the individual sentenced, order the individual sentenced to
 reimburse the party; and
        (b) the court may:
        (i) order the individual to obtain substance abuse treatment if the substance abuse
 treatment program determines that substance abuse treatment is appropriate;
        (ii) order the individual to participate in a [24/7] 24-7 sobriety program as defined in
 Section 41-6a-515.5 if the individual is 21 years old or older; or
        (iii) order a combination of Subsections (5)(b)(i) and (ii).
        (6) (a) If an individual described in Subsection (5) is participating in a [24/7] 24-7
 sobriety program as defined in Section 41-6a-515.5, the court may suspend the jail sentence
                                                       -5-
       H.B. 445                                                                     01-31-24 10:59 AM
 imposed under Subsection (5)(a) after the individual has served a minimum of:
        (i) five days of the jail sentence for a second offense; or
        (ii) 10 days of the jail sentence for a third or subsequent offense.
        (b) If an individual described in Subsection (6)(a) fails to successfully complete all of
 the requirements of the [24/7] 24-7 sobriety program, the court shall impose the suspended jail
 sentence described in Subsection (6)(a).
        (7) If an individual has a prior conviction as defined in Section 41-6a-501 that is within
 10 years of the current conviction under Section 41-6a-502 or the commission of the offense
 upon which the current conviction is based and that does not qualify under Subsection (5):
        (a) the court shall:
        (i) (A) impose a jail sentence of not less than 10 days; or
        (B) impose a jail sentence of not less than 5 days in addition to home confinement of
 not fewer than 30 consecutive days through the use of electronic monitoring that includes a
 substance abuse testing instrument in accordance with Section 41-6a-506;
        (ii) order the individual to participate in a screening;
        (iii) order the individual to participate in an assessment, if it is found appropriate by a
 screening under Subsection (7)(a)(ii);
        (iv) order the individual to participate in an educational series if the court does not
 order substance abuse treatment as described under Subsection (7)(b);
        (v) impose a fine of not less than $800;
        (vi) order probation for the individual in accordance with Section 41-6a-507;
        (vii) (A) order the individual to pay the administrative impound fee described in
 Section 41-6a-1406; or
        (B) if the administrative impound fee was paid by a party described in Subsection
 41-6a-1406(5)(a), other than the individual sentenced, order the individual sentenced to
 reimburse the party; or
        (viii) (A) order the individual to pay the towing and storage fees described in Section
 72-9-603; or
        (B) if the towing and storage fees were paid by a party described in Subsection
 41-6a-1406(5)(a), other than the individual sentenced, order the individual sentenced to
 reimburse the party; and
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        01-31-24 10:59 AM                                                                      H.B. 445
        (b) the court may:
        (i) order the individual to obtain substance abuse treatment if the substance abuse
 treatment program determines that substance abuse treatment is appropriate;
        (ii) order the individual to participate in a [24/7] 24-7 sobriety program as defined in
 Section 41-6a-515.5 if the individual is 21 years old or older; or
        (iii) order a combination of Subsections (7)(b)(i) and (ii).
        (8) (a) If an individual described in Subsection (7) is participating in a [24/7] 24-7
 sobriety program as defined in Section 41-6a-515.5, the court may suspend the jail sentence
 imposed under Subsection (7)(a) after the individual has served a minimum of:
        (i) five days of the jail sentence for a second offense; or
        (ii) 10 days of the jail sentence for a third or subsequent offense.
        (b) If an individual described in Subsection (8)(a) fails to successfully complete all of
 the requirements of the [24/7] 24-7 sobriety program, the court shall impose the suspended jail
 sentence described in Subsection (8)(a).
        (9) Under Subsection 41-6a-502(2)(c), if the court suspends the execution of a prison
 sentence and places the defendant on probation where there is admissible evidence that the
 individual had a blood or breath alcohol level of .16 or higher, had a blood or breath alcohol
 level of .05 in addition to any measurable controlled substance, or had a combination of two or
 more controlled substances in the [person's] individual's body that were not recommended in
 accordance with Title 26B, Chapter 4, Part 2, Cannabinoid Research Medical Cannabis, or
 prescribed, the court shall impose:
        (a) a fine of not less than $1,500;
        (b) a jail sentence of not less than 120 days;
        (c) home confinement of not fewer than 120 consecutive days through the use of
 electronic monitoring that includes a substance abuse testing instrument in accordance with
 Section 41-6a-506; and
        (d) supervised probation.
        (10) (a) For Subsection (9) or Subsection 41-6a-502(2)(c)(i), the court:
        (i) shall impose an order requiring the individual to obtain a screening and assessment
 for alcohol and substance abuse, and treatment as appropriate; and
        (ii) may impose an order requiring the individual to participate in a [24/7] 24-7 sobriety
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       H.B. 445                                                                  01-31-24 10:59 AM
 program as defined in Section 41-6a-515.5 if the individual is 21 years old or older.
        (b) If an individual described in Subsection (10)(a)(ii) fails to successfully complete all
 of the requirements of the [24/7] 24-7 sobriety program, the court shall impose the suspended
 prison sentence described in Subsection (9).
        (11) Under Subsection 41-6a-502(2)(c), if the court suspends the execution of a prison
 sentence and places the defendant on probation with a sentence not described in Subsection (9),
 the court shall impose:
        (a) a fine of not less than $1,500;
        (b) a jail sentence of not less than 60 days;
        (c) home confinement of not fewer than 60 consecutive days through the use of
 electronic monitoring that includes a substance abuse testing instrument in accordance with
 Section 41-6a-506; and
        (d) supervised probation.
        (12) (a) (i) Except as described in Subsection (12)(a)(ii), a court may not suspend the
 requirements of this section.
        (ii) A court may suspend requirements as described in Subsection (2), (4), (6), or (8).
        (b) A court, with stipulation of both parties and approval from the judge, may convert a
 jail sentence required in this section to electronic home confinement.
        (c) A court may order a jail sentence imposed as a condition of misdemeanor probation
 under this section to be served in multiple two-day increments at weekly inter