Bill Summary – FastDemocracy

LEGISLATIVE GENERAL COUNSEL                                           H.B. 474
Approved for Filing: J. Carlton 6                                nd
                                                                       2 Sub. (Gray)
         6 02-19-24 10:35 AM 6
                     Representative Colin W. Jack proposes the following substitute bill:
                               CRIMINAL JUSTICE CHANGES
                                       2024 GENERAL SESSION
                                              STATE OF UTAH
                                   Chief Sponsor: Colin W. Jack
                                   Senate Sponsor: Derrin R. Owens
 6
 LONG TITLE
 General Description:
        This bill amends provisions related to the criminal justice system.
 Highlighted Provisions:
        This bill:
        < allows a magistrate or judge to consider the seriousness or type of offense in making
 a decision about pretrial release if the offense for which the individual is arrested
 for, or charged with, is a violent felony;
        < creates a crime for a violation of a pretrial release agreement;
        < allows a county sheriff to hold an individual for up to 24 hours for a violation of a
 pretrial release agreement; and
        < makes technical and conforming changes.
 Money Appropriated in this Bill:
        None                                                                                      2 ndSub. H.B. 474
 Other Special Clauses:
        None
 Utah Code Sections Affected:
 AMENDS:
        77-20-205, as last amended by Laws of Utah 2023, Chapters 408, 447
     *HB0474S02*
       2nd Sub. (Gray) H.B. 474                                                    02-19-24 10:35 AM
 ENACTS:
        77-20-210, Utah Code Annotated 1953
28
 Be it enacted by the Legislature of the state of Utah:
        Section 1. Section 77-20-205 is amended to read:
        77-20-205. Pretrial release by a magistrate or judge.
        (1) (a) At the time that a magistrate issues a warrant of arrest, or finds there is probable
 cause to support the individual's arrest under Rule 9 of the Utah Rules of Criminal Procedure,
 the magistrate shall issue a temporary pretrial status order that:
        (i) releases the individual on the individual's own recognizance during the time the
 individual awaits trial or other resolution of criminal charges;
        (ii) designates a condition, or a combination of conditions, to be imposed upon the
 individual's release during the time the individual awaits trial or other resolution of criminal
 charges; or
        (iii) orders the individual be detained during the time the individual awaits trial or
 other resolution of criminal charges.
        (b) At the time that a magistrate issues a summons, the magistrate may issue a
 temporary pretrial status order that:
        (i) releases the individual on the individual's own recognizance during the time the
 individual awaits trial or other resolution of criminal charges; or
        (ii) designates a condition, or a combination of conditions, to be imposed upon the
 individual's release during the time the individual awaits trial or other resolution of criminal
 charges.
        (2) (a) Except as provided in Subsection (2)(b), the magistrate or judge shall issue a
 pretrial status order at an individual's first appearance before the court.
        (b) The magistrate or judge may delay the issuance of a pretrial status order at an
 individual's first appearance before the court:
        (i) until a pretrial detention hearing is held if a prosecuting attorney makes a motion for
 pretrial detention as described in Section 77-20-206;
        (ii) if a party requests a delay; or
        (iii) if there is good cause to delay the issuance.
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       02-19-24 10:35 AM                                                    2nd Sub. (Gray) H.B. 474
          (c) If a magistrate or judge delays the issuance of a pretrial status order under
 Subsection (2)(b), the magistrate or judge shall extend the temporary pretrial status order until
 the issuance of a pretrial status order.
          (3) (a) When a magistrate or judge issues a pretrial status order, the pretrial status order
 shall:
          (i) release the individual on the individual's own recognizance during the time the
 individual awaits trial or other resolution of criminal charges;
          (ii) designate a condition, or a combination of conditions, to be imposed upon the
 individual's release during the time the individual awaits trial or other resolution of criminal
 charges; or
          (iii) order the individual to be detained during the time that individual awaits trial or
 other resolution of criminal charges.
          (b) In making a determination about pretrial release in a pretrial status order, the
 magistrate or judge may not give any deference to a magistrate's decision in a temporary
 pretrial status order.
          (4) In making a determination about pretrial release, a magistrate or judge shall impose
 only conditions of release that are reasonably available and necessary to reasonably ensure:
          (a) the individual's appearance in court when required;
          (b) the safety of any witnesses or victims of the offense allegedly committed by the
 individual;
          (c) the safety and welfare of the public; and
          (d) that the individual will not obstruct, or attempt to obstruct, the criminal justice
 process.
          (5) Except as provided in Subsection (6), a magistrate or judge may impose a
 condition, or combination of conditions, for pretrial release that requires an individual to:
          (a) not commit a federal, state, or local offense during the period of pretrial release;
          (b) avoid contact with a victim of the alleged offense;
          (c) avoid contact with a witness who:
          (i) may testify concerning the alleged offense; and
          (ii) is named in the pretrial status order;
          (d) not consume alcohol or any narcotic drug or other controlled substance unless
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        2nd Sub. (Gray) H.B. 474                                                    02-19-24 10:35 AM
 prescribed by a licensed medical practitioner;
           (e) submit to drug or alcohol testing;
           (f) complete a substance abuse evaluation and comply with any recommended
 treatment or release program;
           (g) submit to electronic monitoring or location device tracking;
           (h) participate in inpatient or outpatient medical, behavioral, psychological, or
 psychiatric treatment;
           (i) maintain employment or actively seek employment if unemployed;
           (j) maintain or commence an education program;
           (k) comply with limitations on where the individual is allowed to be located or the
 times that the individual shall be, or may not be, at a specified location;
           (l) comply with specified restrictions on personal associations, place of residence, or
 travel;
           (m) report to a law enforcement agency, pretrial services program, or other designated
 agency at a specified frequency or on specified dates;
           (n) comply with a specified curfew;
           (o) forfeit or refrain from possession of a firearm or other dangerous weapon;
           (p) if the individual is charged with an offense against a child, limit or prohibit access
 to any location or occupation where children are located, including any residence where
 children are on the premises, activities where children are involved, locations where children
 congregate, or where a reasonable person would know that children congregate;
           (q) comply with requirements for house arrest;
           (r) return to custody for a specified period of time following release for employment,
 schooling, or other limited purposes;
           (s) remain in custody of one or more designated individuals who agree to:
           (i) supervise and report on the behavior and activities of the individual; and
           (ii) encourage compliance with all court orders and attendance at all required court
 proceedings;
           (t) comply with a financial condition; or
           (u) comply with any other condition that is reasonably available and necessary to
 ensure compliance with Subsection (4).
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        02-19-24 10:35 AM                                                     2nd Sub. (Gray) H.B. 474
         (6) (a) If a county or municipality has established a pretrial services program, the
 magistrate or judge shall consider the services that the county or municipality has identified as
 available in determining what conditions of release to impose.
         (b) The magistrate or judge may not order conditions of release that would require the
 county or municipality to provide services that are not currently available from the county or
 municipality.
         (c) Notwithstanding Subsection (6)(a), the magistrate or judge may impose conditions
 of release not identified by the county or municipality so long as the condition does not require
 assistance or resources from the county or municipality.
         (7) (a) If the magistrate or judge determines that a financial condition, other than an
 unsecured bond, is necessary to impose as a condition of release, the magistrate or judge shall
 consider the individual's ability to pay when determining the amount of the financial condition.
         (b) If the magistrate or judge determines that a financial condition is necessary to
 impose as a condition of release, and a county jail official fixed a financial condition for the
 individual under Section 77-20-204, the magistrate or judge may not give any deference to:
         (i) the county jail official's action to fix a financial condition; or
         (ii) the amount of the financial condition that the individual was required to pay for
 pretrial release.
         (c) If a magistrate or judge orders a financial condition as a condition of release, the
 judge or magistrate shall set the financial condition at a single amount per case.
         (8) In making a determination about pretrial release, the magistrate or judge may:
         (a) rely upon information contained in:
         (i) the indictment or information;
         (ii) any sworn or probable cause statement or other information provided by law
 enforcement;
         (iii) a pretrial risk assessment;
         (iv) an affidavit of indigency described in Section 78B-22-201.5;
         (v) witness statements or testimony;
         (vi) the results of a lethality assessment completed in accordance with Section
 77-36-2.1; or
         (vii) any other reliable record or source, including proffered evidence; and
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        2nd Sub. (Gray) H.B. 474                                                  02-19-24 10:35 AM
        (b) consider:
        (i) the nature and circumstances of the offense, or offenses, that the individual was
 arrested for, or charged with, including:
        (A) whether the offense is a violent offense; and
        (B) the vulnerability of a witness or alleged victim;
        (ii) the nature and circumstances of the individual, including the individual's:
        (A) character;
        (B) physical and mental health;
        (C) family and community ties;
        (D) employment status or history;
        (E) financial resources;
        (F) past criminal conduct;
        (G) history of drug or alcohol abuse; and
        (H) history of timely appearances at required court proceedings;
        (iii) the potential danger to another individual, or individuals, posed by the release of
 the individual;
        (iv) whether the individual was on probation, parole, or release pending an upcoming
 court proceeding at the time the individual allegedly committed the offense or offenses;
        (v) the availability of:
        (A) other individuals who agree to assist the individual in attending court when
 required; or
        (B) supervision of the individual in the individual's community;
        (vi) the eligibility and willingness of the individual to participate in various treatment
 programs, including drug treatment; or
        (vii) other evidence relevant to the individual's likelihood of fleeing or violating the
 law if released.
        (9) The magistrate or judge may not base a determination about pretrial release solely
 on the seriousness or type of offense that the individual is arrested for or charged with, unless
 the individual is arrested for or charged with a [capital felony] violent felony as defined in
 Section 76-3-203.5.
        (10) An individual arrested for violation of a jail release agreement, or a jail release
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        02-19-24 10:35 AM                                                    2nd Sub. (Gray) H.B. 474
 court order, issued in accordance with Section 78B-7-802:
          (a) may not be released before the individual's first appearance before a magistrate or
 judge; and
          (b) may be denied pretrial release by the magistrate or judge.
          Section 2. Section 77-20-210 is enacted to read:
          77-20-210. Violation of pretrial release order -- 24-hour hold for violation.
          (1) As used in this section, "pretrial release order" means a pretrial status order or a
 temporary pretrial status order.
          (2) (a) An individual commits a violation of a pretrial release order if the individual:
          (i) is released by a magistrate or judge upon the issuance of a pretrial release order that
 imposes a condition, or a combination of conditions, for the individual's pretrial release; and
          (ii) the individual knowingly or intentionally violates a condition in the pretrial release
 order.
          (b) A violation of Subsection (2)(a) is a class C misdemeanor.
          (3) (a) If a county sheriff determines that there is probable cause to believe that an
 individual has committed a violation of a pretrial release order as described in Subsection (2),
 the county sheriff may take custody of, and detain, the individual for a maximum of 24 hours
 without obtaining a warrant issued by a court.
          (b) If the county sheriff detains an individual under Subsection (3)(a), the county
 sheriff shall ensure that the court is notified.
          (4) A written order from the county sheriff is sufficient authorization for a peace
 officer to detain an individual if the county sheriff has determined that there is probable cause
 to believe that the individual has committed a violation of a pretrial release order.
          (5) If an individual commits a violation of a pretrial release order outside of the
 jurisdiction of the county sheriff supervising the individual on pretrial release, the arresting law
 enforcement agency is not required to hold or transport the individual to the county sheriff.
          (6) This section does not prohibit a county sheriff or jail facility from holding an
 individual in accordance with this chapter for a new criminal offense.
          Section 3. Effective date.
          This bill takes effect on May 1, 2024.
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Statutes affected: 
Introduced: 17-22-5.5, 64-13-29, 77-20-102, 77-20-203, 77-20-204, 77-20-205, 77-20-402
H.B. 474 1st Substitute (Not Adopted) Text: 77-20-102, 77-20-204, 77-20-205, 77-20-402
H.B. 474 2nd Substitute (Not Adopted) Text: 77-20-205