On or after May 4, 2022, when an individual is arrested without a warrant for an offense and booked at a jail facility, an employee at the jail facility, or an employee of a pretrial services program, shall submit the following information to the court with the probable cause statement to the extent that the information is reasonably available to the employee:
Terms Used In Utah Code 77-20-202
Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
Pretrial release: means the release of an individual from law enforcement custody during the time the individual awaits trial or other resolution of criminal charges. See Utah Code 77-20-102
Pretrial services program: means a program that is established to:
(a)
gather information on individuals booked into a jail facility;
Probable cause: A reasonable ground for belief that the offender violated a specific law.
Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
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)
identification information for the individual, including:
(i)
the individual’s legal name and any known aliases;
(ii)
the individual’s date of birth;
(iii)
the individual’s state identification number;
(iv)
the individual’s mobile phone number; and
(v)
the individual’s email address;
(b)
the individual’s residential address;
(c)
any pending criminal charge or warrant for the individual, including the offense tracking number of the current offense for which the individual is booked;
(d)
the individual’s probation or parole supervision status;
(e)
whether the individual was on pretrial release for another criminal offense prior to the booking of the individual for the current criminal offense;
(f)
the individual’s financial circumstances to the best of the individual’s knowledge at the time of booking, including:
(i)
the individual’s current employer;
(ii)
the individual’s monthly income, including any alimony or child support that contributes to the individual’s monthly income;
(iii)
the individual’s monthly expenses, including any alimony or child support obligation that the individual is responsible for paying;
(iv)
the individual’s ownership of, or any interest in, personal or real property, including any savings or checking accounts or cash;
(v)
the number, ages, and relationships of any dependents;
(vi)
any financial support or benefit that the individual receives from a state or federal government; and
(vii)
any other information about the individual’s financial circumstances that may be relevant;
(g)
any ties the individual has to the community, including:
(i)
the length of time that the individual has been at the individual’s residential address;
(ii)
any enrollment in a local college, university, or trade school; and
(iii)
the name and contact information for any family member or friend that the individual believes would be willing to provide supervision of the individual; and
(h)
the results of a lethality assessment completed in accordance with Section 77-36-2.1, if any.
(2)
Upon request, the jail facility, or the pretrial services program, shall provide the information described in Subsection (1) to the individual, the individual’s attorney, or the prosecuting attorney.
(3)
Any information collected from an individual under Subsection (1) is inadmissible in any court proceeding other than:
(a)
a criminal proceeding addressing the individual’s pretrial release or indigency for the offense, or offenses, for which the individual was arrested or charged with; or
(b)
another criminal proceeding regarding prosecution for providing a false statement under Subsection (1).
(4)
Nothing in this section prohibits a court and a county from entering into an agreement regarding information to be submitted to the court with a probable cause statement.
