Effective 7/1/2024
| (1) |
An offender in the custody of the Department of Corrections shall be registered by the Department of Corrections upon:
Terms Used In Utah Code 77-43-104 v2- Contract: A legal written agreement that becomes binding when signed.
- Correctional facility: means the same as that term is defined in Section 64-13-1. See Utah Code 77-43-102
- Department: means the Department of Corrections. See Utah Code 77-43-102
- Division: means the Division of Juvenile Justice Services. See Utah Code 77-43-102
- Jurisdiction: means any state, Indian Country, United States Territory, or any property under the jurisdiction of the United States Armed Forces, Canada, the United Kingdom, Australia, or New Zealand. See Utah Code 77-43-102
- 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.
- Offender: means a child abuse offender as defined in Subsection (2). See Utah Code 77-43-102
- 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 77-43-102
- 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 77-43-102
- 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; |
| (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; or |
| (e) |
termination of probation or parole. |
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| (2) |
An offender who is not in the custody of the Department of Corrections and who is confined in a correctional facility not operated by or under contract to the Department of Corrections shall be registered with the department by the sheriff of the county in which the offender is confined, upon:
| (a) |
commitment to the correctional facility; and |
| (b) |
release from confinement. |
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| (3) |
An offender in the custody of the division shall be registered with the department by the division prior to release from custody. |
| (4) |
An offender committed to a state mental hospital shall be registered with the department by the hospital upon admission and upon 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. |
| (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 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 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 it 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:
| (a) |
the continuing registration requirements of this chapter during the period of registration required in Subsection 77-43-105(3), including:
| (i) |
notification to the state agencies in the states where the registrant presently resides and plans to reside when moving across state lines; |
| (ii) |
verification of address at least every 60 days pursuant to a parole agreement for lifetime parolees; and |
| (iii) |
notification to the out-of-state agency where the offender is living, whether or not the offender is a resident of that state; and |
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| (b) |
the identification card requirement under Section 53-3-806.5. |
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| (7) |
The department may make administrative rules necessary to implement this chapter, including:
| (a) |
training requirements for agency staff responsible for conducting offender registration; |
| (b) |
the method for dissemination of the information; and |
| (c) |
instructions to the public regarding the use of the information. |
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| (8) |
Any information regarding the identity or location of a victim shall be redacted by the department from information provided under Subsections 77-43-103(4) and 77-43-105(8). |
| (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
