(1)  As used in this section:

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Terms Used In Utah Code 77-27-21.9

  • Department: means the Department of Corrections. See Utah Code 77-27-1
  • Parole: means a release from imprisonment on prescribed conditions which, if satisfactorily performed by the parolee, enables the parolee to obtain a termination of the parolee's sentence. See Utah Code 77-27-1
  • Person: means :Utah Code 68-3-12.5
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Probation: means an act of grace by the court suspending the imposition or execution of a convicted offender's sentence upon prescribed conditions. See Utah Code 77-27-1
  • Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(a)  “Dynamic factors” means a person‘s individual characteristics, issues, resources, or circumstances that:

(i)  can change or be influenced; and

(ii)  affect the risk of recidivism or the risk of violating conditions of probation or parole.

(b)  “Multi-domain assessment” means an evaluation process or tool which reports in quantitative and qualitative terms an offender’s condition, stability, needs, resources, and dynamic factors affecting the offender’s transition into the community and compliance with conditions of probation or parole, such as the following:

(i)  alcohol and other drug use;

(ii)  mental health status;

(iii)  physical health;

(iv)  criminal behavior;

(v)  education;

(vi)  emotional health and barriers;

(vii)  employment;

(viii)  family dynamics;

(ix)  housing;

(x)  physical health and nutrition;

(xi)  spirituality;

(xii)  social support systems;

(xiii)  special population needs, including:

(A)  co-existing disorders;

(B)  domestic violence;

(C)  drug of choice;

(D)  gender, ethnic, and cultural considerations;

(E)  other health issues;

(F)  sexual abuse; and

(G)  sexual orientation;

(xiv)  transportation; and

(xv)  treatment involvement.

(c)  “Qualitative terms” means written summaries used to describe meaning, enrich, or explain significant quantitative indicators or benchmarks within the areas defined in Subsection (1)(b).

(d)  “Quantitative terms” means numerical distinctions or benchmarks used to describe conditions within the areas defined in Subsection (1)(b).

(2)  The department shall issue a request for proposals to provide a periodic multi-domain assessment tool, as defined in Subsection (1)(b) and implement the tool for a three-year trial period in the management of sex offenders being supervised in the community in the department’s Region 3.

(3)  The request for proposals shall include a requirement that the multi-domain assessment tool be designed to be administered:

(a)  every 16 weeks during the first year a sex offender is supervised in the community; and

(b)  every 12 to 26 weeks during the second and subsequent years a sex offender is supervised in the community, as determined appropriate by the department’s supervisory personnel and the sex offender’s treatment team.

(4)  The department shall promptly make results of the multi-domain assessment available to:

(a)  the sex offender’s treatment team; and

(b)  the corrections personnel responsible for supervising the offender.

(5)  The department shall provide to the legislative Law Enforcement and Criminal Justice Interim Committee at the conclusion of the trial period a written report of the results of the use of the multi-domain assessments, including:

(a)  the impact on recidivism;

(b)  other indicators of the effect of the use of the assessments;

(c)  the number of assessments administered annually;

(d)  the number of individuals who were assessed during the year; and

(e)  any recommended legislative or policy changes.

Enacted by Chapter 309, 2008 General Session