UtahH.B. 3122025 General SessionHouseWALLET

Criminal Justice Amendments

Sponsored By: Karianne Lisonbee (Republican)

Signed by Governor

Domestic ViolenceSubstance AbuseHealth and Human ServicesCriminal ProcedureCrimesJudicial OperationsLaw Enforcement and Criminal JusticeInmatesProbationDepartment of Health and Human ServicesPunishmentArrest and DetentionBail/Pretrial DetentionLocal Substance Abuse AuthoritiesParolePublic HealthSubstance Use Disorder TreatmentCorrectional Facilities

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Bill Overview

Analyzed Economic Effects

15 provisions identified: 1 benefits, 8 costs, 6 mixed.

More job support through probation programs

Beginning September 1, 2025, Adult Probation and Parole regions can fund more job services from their regional employment incentive payments. Allowed uses include workforce coordinators, bus passes, workplace-skills instructors, job-search technology in community correctional centers, and industry-specific training. These uses must come from the regions' 85% share reserved for improving supervision and rehabilitation. The law sets no individual payment amount and provides no new state appropriation.

Crowding limits counties' federal jail contracts

Beginning September 1, 2025, first-class counties face federal jail contract limits after releasing someone because of overcrowding. A covered county cannot enter a new federal housing contract or house more federal detainees than its contracted beds for that fiscal year. The initial lookback period is September 1, 2025, through August 31, 2026; later periods cover the prior September through August. Covered counties must also publish daily counts of federal detainees and contracted beds.

Fewer jail release options for defendants

Beginning September 1, 2025, sheriffs cannot release people solely to ease crowding when reasonably available information shows a listed restriction. These include violent or felony drug offenses, at least 100 grams of fentanyl, and specified DUI or drug offenses causing death or serious injury. A booking in the same jail within the past 12 months or a qualifying failure-to-appear warrant also blocks overcrowding release. Separately, jail officials cannot grant release on a promise to appear through the covered warrantless-arrest process for repeat bookings or listed offenses. Those offenses include violent or qualifying offenses, specified serious-injury or fatal DUI offenses, the listed public-order offense, and mixtures containing at least 100 grams of fentanyl.

More defendants meet repeat-offender rules

Beginning September 1, 2025, Utah adds habitual-offender pathways alongside existing rules. For a new felony conviction, these include five prior felony convictions in separate cases within five years, or felony charges in nine separate cases with at least one issued within that five-year window. For a new misdemeanor or felony conviction, the added paths include nine prior misdemeanor convictions in separate cases within three years before the new offense, or misdemeanor charges in 19 separate cases, each issued within that three-year window. A magistrate must order temporary detention when substantial evidence supports a felony arrest, habitual-offender status applies, and the alleged felony occurred during felony probation, parole, or release awaiting another felony trial. Prosecutors must notify the court of habitual-offender status, and courts must obtain a presentence report unless they find good cause to proceed without one.

More federal officers gain Utah authority

Beginning September 1, 2025, detention removal officers are no longer expressly excluded from a listed federal-officer category. Officers who qualify in that category have statewide authority involving Utah felony offenses. State enforcement authority generally remains subject to agreement and waiver requirements.

Probation and parole bring booking holds

Beginning September 1, 2025, jails must hold booked people on supervised probation or parole for at least eight hours, up to 24 hours. This applies when that status is reasonably available to the jail, which must notify the supervisor and allow a hold request. Release before eight hours requires both the supervisor declining a hold and a court or magistrate ordering release. Otherwise, release requires the specified transfer to Corrections or a court or magistrate's order. Sheriffs who permit probation must also adopt the Utah Sheriffs' Association's probation standards and practices.

Release violations require a court appearance

Beginning September 1, 2025, people arrested for violating a covered jail release agreement or court order must stay jailed until their first court appearance. At that appearance, a judge or magistrate may deny pretrial release.

Strangulation near children brings felony charges

Beginning September 1, 2025, intentionally or knowingly blocking someone's breathing or blood flow through unlawful force is a third-degree felony when committed in a child's presence. The child must be physically present, or the person must know the child is present and may see or hear it. The law treats this conduct as domestic violence in the presence of a child.

Syringe exchanges lose state funding access

Beginning September 1, 2025, state money cannot pay to operate syringe exchange programs. City, county, and federal money remain allowed funding sources. Government and nongovernment entities can operate programs that exchange used syringes for sealed, sterile syringes. Programs must provide disease-prevention, testing, treatment, and overdose-reversal information, and report participant and syringe counts annually to the health department.

Ability to pay shapes bail decisions

Beginning September 1, 2025, courts must consider ability to pay when requiring a financial release condition other than an unsecured bond. Courts must set one amount per case, without deferring to a jail official's decision or an earlier fixed amount. Separately, jail officials cannot use the covered financial-release pathway for misdemeanor domestic violence, DUI, or reckless driving charges. That restriction applies to people who do not qualify for release on a promise to appear; it does not establish their other release terms.

Counties face limits on jail transfers

Beginning September 1, 2025, counties arranging jail transfers because of crowding must choose a county with room that agrees to accept the person. The counties must agree on the daily payment. That payment cannot exceed the higher of the sending county's current average housing cost or the daily incarceration rates in state law. These are county payments, not charges to households.

Judges face new pretrial release rules

Beginning September 1, 2025, judges must independently choose release, release conditions, or detention rather than defer to temporary orders. They cannot decide solely from an algorithm, risk score, or offense seriousness or type, except for a capital felony. Release conditions must be reasonably available and address appearance, safety, or interference with the criminal process. Judges cannot require unavailable local pretrial services, but can set unlisted conditions requiring no local help or resources. Court-county release agreements can cover only people meeting the agreements' criteria as they existed on January 1, 2025. When a new pretrial order is delayed, the temporary order remains in place until the new order is issued.

New limits on contracted inmate housing

Beginning July 1, 2025, state contracts with counties can house state inmates only in county correctional facilities. The Department of Corrections no longer has to prefer county beds over private beds. Beginning September 1, 2025, private contractors may house inmates only for federal immigration detention or civil detention. The department cannot contract with private companies to house inmates for other purposes.

Sex offender assessment law is repealed

Beginning September 1, 2025, Utah repeals the statutory section titled "Sex offender assessment." The supplied text does not explain the assessment's requirements or the practical effects of removing it.

State sets jail payment rate limits

The state daily incarceration rate is $120.75 for the fiscal year beginning July 1, 2025. Later rates use average state incarceration costs, with annual increases generally capped at 5%. Costs above that ceiling become a rate surplus; unused surpluses from the prior three years can support later rates within the same cap. The rate generally cannot fall below the amount presented to the Executive Appropriations Committee. If General Fund revenue growth cannot support that amount, the committee must reset the rate in an appropriations act. These rules govern government payments for inmate housing, not household bills.

Sponsors & Cosponsors

Sponsor

  • Karianne Lisonbee

    Republican • House

Cosponsors

  • Brady Brammer

    Republican • Senate

  • Clancy, T.

    Affiliation unavailable

  • Moss, J.

    Affiliation unavailable

Roll Call Votes

All Roll Calls

Yes: 171 • No: 32

Senate vote • 3/5/2025

Senate/ passed 2nd & 3rd readings/ suspension

Yes: 19 • No: 5

House vote • 3/5/2025

House/ concurs with Senate amendment

Yes: 57 • No: 15

Senate vote • 2/27/2025

Senate Comm - Substitute Recommendation

Yes: 3 • No: 0

Senate vote • 2/27/2025

Senate Comm - Amendment Recommendation

Yes: 3 • No: 0

Senate vote • 2/27/2025

Senate Comm - Favorable Recommendation

Yes: 4 • No: 0

House vote • 2/12/2025

House/ passed 3rd reading

Yes: 60 • No: 12

House vote • 2/12/2025

House/ uncircled

Yes: 0 • No: 0

House vote • 2/12/2025

House/ substituted

Yes: 0 • No: 0

House vote • 2/11/2025

House/ circled

Yes: 0 • No: 0

House vote • 2/3/2025

House Comm - Substitute Recommendation

Yes: 8 • No: 0

House vote • 2/3/2025

House Comm - Amendment Recommendation

Yes: 8 • No: 0

House vote • 2/3/2025

House Comm - Favorable Recommendation

Yes: 9 • No: 0

House vote • Unknown

House/ substituted

Yes: 0 • No: 0

House vote • Unknown

House/ uncircled

Yes: 0 • No: 0

House vote • Unknown

House/ circled

Yes: 0 • No: 0

Actions Timeline

  1. Governor Signed

    3/25/2025
  2. House/ to Governor

    3/17/2025House
  3. House/ received enrolled bill from Printing

    3/17/2025House
  4. House/ enrolled bill to Printing

    3/13/2025House
  5. Enrolled Bill Returned to House or Senate

    3/13/2025
  6. Draft of Enrolled Bill Prepared

    3/6/2025
  7. Bill Received from House for Enrolling

    3/6/2025
  8. House/ signed by Speaker/ sent for enrolling

    3/6/2025House
  9. House/ received from Senate

    3/6/2025House
  10. Senate/ to House

    3/5/2025Senate
  11. Senate/ signed by President/ returned to House

    3/5/2025Senate
  12. Senate/ received from House

    3/5/2025Senate
  13. House/ to Senate

    3/5/2025House
  14. House/ concurs with Senate amendment

    3/5/2025House
  15. House/ placed on Concurrence Calendar

    3/5/2025House
  16. House/ received from Senate

    3/5/2025House
  17. Senate/ to House with amendments

    3/5/2025Senate
  18. Senate/ passed 2nd & 3rd readings/ suspension

    3/5/2025Senate
  19. Senate/ 2nd & 3rd readings/ suspension

    3/5/2025Senate
  20. Senate/ placed on 2nd Reading Calendar

    2/27/2025Senate
  21. Senate/ comm rpt/ substituted/ amended

    2/27/2025Senate
  22. Senate Comm - Favorable Recommendation

    2/27/2025Senate
  23. Senate Comm - Amendment Recommendation

    2/27/2025Senate
  24. Senate Comm - Substitute Recommendation

    2/27/2025Senate
  25. Senate/ to standing committee

    2/24/2025Senate

Bill Text

  • Enrolled

    3/13/2025

  • Amended 2/27/2025 12:02:964

    2/27/2025

  • Substitute #5

    2/26/2025

  • Substitute #3

    2/12/2025

  • Substitute #4

    2/12/2025

  • Amended 2/4/2025 10:02:674

    2/4/2025

  • Substitute #2

    2/3/2025

  • Substitute #1

    1/24/2025

  • Introduced

    1/23/2025

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