Effective 7/1/2024
| (1) |
The Department of Corrections shall register an offender in the custody of the Department of Corrections as required under this chapter upon:
Terms Used In Utah Code 77-41-104 v2- Contract: A legal written agreement that becomes binding when signed.
- Department: means the Department of Corrections. See Utah Code 77-41-102
- Division: means the Division of Juvenile Justice Services. See Utah Code 77-41-102
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Jurisdiction: means any state, Indian Country, United States Territory, or any property under the jurisdiction of the United States military, Canada, the United Kingdom, Australia, or New Zealand. See Utah Code 77-41-102
- Offender: means a kidnap offender as defined in Subsection (10) or a sex offender as defined in Subsection (18). See Utah Code 77-41-102
- Person: means :Utah Code 68-3-12.5
- Primary residence: means the location where the offender regularly resides, even if the offender intends to move to another location or return to another location at any future date. See Utah Code 77-41-102
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Register: means to comply with the requirements of this chapter and administrative rules of the department made under this chapter. See Utah Code 77-41-102
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
| (a) |
placement on probation; |
| (b) |
commitment to a secure correctional facility operated by or under contract to the Department of Corrections; |
| (c) |
release from confinement to parole status, termination or expiration of sentence, or escape; |
| (d) |
entrance to and release from any community-based residential program operated by or under contract to the Department of Corrections; or |
| (e) |
termination of probation or parole. |
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| (2) |
The sheriff of the county in which an offender is confined shall register an offender with the department, as required under this chapter, if the offender is not in the custody of the Department of Corrections and is confined in a correctional facility not operated by or under contract to the Department of Corrections upon:
| (a) |
commitment to the correctional facility; and |
| (b) |
release from confinement. |
|
| (3) |
The division shall register an offender in the custody of the division with the department, as required under this chapter, before the offender’s release from custody of the division. |
| (4) |
A state mental hospital shall register an offender committed to the state mental hospital with the department, as required under this chapter, upon the offender’s admission and upon the offender’s discharge. |
| (5) |
| (a) |
| (i) |
A municipal or county law enforcement agency shall register an offender who resides within the agency’s jurisdiction and is not under the supervision of the Division of Adult Probation and Parole within the Department of Corrections. |
| (ii) |
In order to conduct offender registration under this chapter, the agency shall ensure the agency staff responsible for registration:
| (A) |
has received initial training by the department and has been certified by the department as qualified and authorized to conduct registrations and enter offender registration information into the registry database; and |
| (B) |
certify annually with the department. |
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| (b) |
| (i) |
When the department receives offender registration information regarding a change of an offender’s primary residence location, the department shall within five days after the day on which the department receives the information electronically notify the law enforcement agencies that have jurisdiction over the area where:
| (A) |
the residence that the offender is leaving is located; and |
| (B) |
the residence to which the offender is moving is located. |
|
| (ii) |
The department shall provide notification under this Subsection (5)(b) if the offender’s change of address is between law enforcement agency jurisdictions, or is within one jurisdiction. |
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| (c) |
The department shall make available to offenders required to register under this chapter the name of the agency, whether the agency is a local law enforcement agency or the department, that the offender should contact to register, the location for registering, and the requirements of registration. |
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| (6) |
An agency in the state that registers an offender on probation, an offender who has been released from confinement to parole status or termination, or an offender whose sentence has expired shall inform the offender of the duty to comply with the continuing registration requirements of this chapter during the period of registration required in Subsection 77-41-105(3), including:
| (a) |
notification to the state agencies in the states where the registrant presently resides and plans to reside when moving across state lines; |
| (b) |
verification of address at least every 60 days pursuant to a parole agreement for lifetime parolees; and |
| (c) |
notification to the out-of-state agency where the offender is living, regardless of whether the offender is a resident of that state. |
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| (7) |
The department may make administrative rules necessary to implement this chapter, including:
| (a) |
the method for dissemination of the information; and |
| (b) |
instructions to the public regarding the use of the information. |
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| (8) |
The department shall redact information regarding the identity or location of a victim from information provided under Subsections 77-41-103(4) and 77-41-105(7). |
| (9) |
This chapter does not create or impose any duty on any person to request or obtain information regarding any offender from the department. |
Amended by Chapter 128, 2023 General Session
