Signed by Governor Gary Herbert

Vote Smart's Synopsis:

Vote to pass a bill that amends bail and pretrial requirements.

Highlights:

• Authorizes the Commission on Criminal and Juvenile Justice to award grants from the Fund to county agencies the Commission determines appropriate to assist counties with establishing and expanding pretrial services programs that serve the following purposes, including (Sec. 1):

• Assisting courts in making an informed decision regarding an individual’s pretrial release; and

• Providing supervision of an individual released from law enforcement custody on conditions pending a final determination of a criminal charge filed against the individual.

• Specifies that the Pretrial Release Programs Special Revenue Fund shall consist of the following, including (Sec. 1):

• Money collected and remitted to the Fund;

• Appropriations from the legislature;

• Interest earned on money in the Fund; and

• Contributions from other public or private sources.

• Requires that by November 30 of each year, the Commission provides a report to the Law Enforcement and Criminal Justice Interim Committee regarding the status of the Fund and expenditures made (Sec. 1).

• Requires that an individual involved in a pretrial services program receive a citation within 5 to 14 days of when to appear in court, or how to pay a uniform fine without the need for appearance in court (Sec. 2).

• Authorizes a court to issue a bench warrant for an individual’s arrest if they fail to appear in court or pay the fine as scheduled (Sec. 2).

• Specifies that an individual can pay a fine and other penalty without the need for a personal appearance in court for any case charging a class B misdemeanor or lower offense, unless the charge is any of the following, including (Sec. 2):

• Domestic violence offenses;

• A violation involving alcohol, drugs, or a combination of both;

• Driving with any controlled substance in the body; or

• A violation that appears to affect the victim or require restitution.

• Specifies that the payment of fines and other penalties be entered as a conviction and treated the same as if the accused pleaded no contest (Sec. 2).

• Defines “pretrial release” or “bail” as the release of an individual charged or arrested for a criminal offense from law enforcement or judicial custody during the time the individual awaits trial or other resolution of the criminal charges (Sec. 7).

• Defines “pretrial status order” as an order issued by the court over an individual charged with a criminal offense that sets the terms and conditions of their pretrial release or denies pretrial release pending resolution of the criminal charges (Sec. 7).

• Requires a court to designate the conditions imposed upon an individual’s release and specifies that they be the least restrictive reasonably available conditions of release that the court determines will reasonably ensure the following, including (Sec. 7):

• The individual’s appearance in court when required;

• The safety of any witnesses or victims of the offense allegedly committed by the individual;

• The safety and welfare of the public; and

• That the individual will not obstruct or attempt to obstruct the criminal justice process.

• Authorizes a court to impose additional release conditions if the court finds that additional release conditions are necessary to reasonably ensure compliance, such as the following, including (Sec. 7):

• Not commit a federal, state, or local offense;

• Avoid contact with a victim or victims of the alleged offense;

• Avoid contact with a witness or witnesses that may testify concerning the alleged offense that is named in the pretrial status order;

• Not use or consume alcohol or any narcotic drug or controlled substance except as described by a medical practitioner;

• Submit to drug or alcohol testing;

• Complete a substance abuse evaluation and comply with recommended treatment or release program;

• Submit to electronic monitoring or location device tracking;

• Participate in inpatient or outpatient medical, behavioral, psychological, or psychiatric treatment;

• Maintain employment, or if unemployed, actively seek employment;

• Maintain or commence an educational program;

• Comply with limitations on where an individual is allowed to be located or the times the individual may or may not be at a specified location;

• Comply with specified restrictions on personal associations, place of residence, or travel;

• Report to a law enforcement agency, pretrial services program, or other designated agency at a specified frequency or on specified dates;

• Comply with a specified curfew, house arrest, and forfeit or refrain from possession of a firearm or other dangerous weapon;

• If charged with an offense against a child, be limited or denied access to any location or occupation where children are;

• Return to custody for a specified period of time following release for employment, schooling, or other limited purposes;

• Remain in the custody of one or more designated individuals who agree to supervise and report on behavior and activities of the individual charged; and

• Comply with a financial or any other condition necessary to reasonably ensure compliance.

• Requires a court to, after determining that a financial condition is reasonable to ensure compliance, consider an individuals’ ability to pay the amount unsecured bond when determining the amount of the financial condition (Sec. 7).

• Defines “financial condition” or “monetary bail as any monetary condition that may be imposed to secure an individual’s pretrial release (Sec. 7).

Full Bill Text