Criminal and Juvenile Justice Changes, the official text

Criminal and Juvenile Justice Changes
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Karianne Lisonbee
Senate Sponsor: Kirk A. Cullimore

LONG TITLE
General Description:
This bill amends statutory provisions related to the criminal and juvenile justice system.
Highlighted Provisions:
This bill: defines terms related to recidivism in the criminal and juvenile justice system;
modifies the requirements for provisionally housing a minor, who is tried as an adult for aggravated murder, in a secure care facility;
allows a prosecutor to file a motion with the Board of Pardons and Parole regarding the provisional housing of a minor in a secure care facility;
addresses the appointment of counsel for a minor on a motion regarding provisional housing of the minor in a secure care facility; and
makes technical and conforming changes.

Money Appropriated in this Bill: None Other Special Clauses: None Utah Code Sections Affected: AMENDS:
63M-7-101.5, as last amended by Laws of Utah 2025, Chapter 360
63M-7-102, as last amended by Laws of Utah 2024, Chapter 208
63M-7-208, as last amended by Laws of Utah 2024, Chapter 240
77-27-7.1, as enacted by Laws of Utah 2024, Chapter 145
80-5-102, as last amended by Laws of Utah 2025, Chapter 88
80-6-104, as last amended by Laws of Utah 2025, Chapters 173, 208
80-6-507, as last amended by Laws of Utah 2025, Chapter 526

Be it enacted by the Legislature of the state of Utah:
Section 1. Section 63M-7-101.5 is amended to read:
63M-7-101.5. Definitions for chapter.
As used in this chapter: (1) "Alternative recidivism metric" includes: (a) the number of individuals who are incarcerated in a county jail or a state correctional facility: (i) within three years after the day on which the individuals are released from incarceration in a county jail or state correctional facility for a prior conviction; and
(ii) due to: (A) a subsequent conviction; or
(B) an arrest for: (I) a felony offense; or
(II) a misdemeanor offense when an element of the misdemeanor offense is the use or attempted use of physical force against an individual or property; and

(b) a recidivism measurement reported to the commission under Subsection 63M-7-102(3).

[(1)] (2) "Commission" means, except as provided in Sections 63M-7-901 and 63M-7-1101, the State Commission on Criminal and Juvenile Justice created in Section 63M-7-201.
[(2)] (3) "Desistance" means an individual's abstinence from further criminal activity after a previous criminal conviction.
[(3)] (4) "Intervention" means a program, sanction, supervision, or event that may impact recidivism.
[(4)] (5) "Recidivism" means a return to criminal activity after a previous criminal conviction.
[(5)] (6) "Recidivism standard metric" means the number of individuals who are returned to prison for a new conviction within the three years after the day on which the individuals were released from prison.

Section 2. Section 63M-7-102 is amended to read:
63M-7-102. Recidivism metrics -- Reporting.
(1) [(a) The] When reporting data on statewide recidivism, the commission, the Department of Corrections, and the Board of Pardons and Parole[, when reporting data on statewide recidivism,] shall include data reflecting the recidivism standard metric[.] and any available alternative recidivism metric.
[(b) (i) On or before August 1, 2024, the commission shall reevaluate the recidivism standard metric to determine whether new data streams allow for a broader definition, which may include criminal convictions that do not include prison time.]
[(ii) On or before November 1, 2024, the commission shall report to the Law Enforcement and Criminal Justice Interim Committee:] [(A) the result of the reevaluation described in Subsection (1)(b)(i); and]
[(B) other recommendations regarding standardized recidivism metrics.]

(2) A report on statewide criminal recidivism may also include other information reflecting available recidivism, intervention, or desistance data.
(3) A criminal justice institution, agency, or entity required to report adult recidivism data to the commission: (a) shall include: (i) a clear description of the eligible individuals, including: (A) the criminal population being evaluated for recidivism; and
(B) the interventions that are being evaluated;

(ii) a clear description of the beginning and end of the evaluation period; and
(iii) a clear description of the events that are considered as a recidivism-triggering event; and

(b) may include supplementary data including: (i) the length of time that elapsed before a recidivism-triggering event described in Subsection (3)(a)(iii) occurred;
(ii) the severity of a recidivism-triggering event described in Subsection (3)(a)(iii);
(iii) measures of personal well-being, education, employment, housing, health, family or social support, civic or community engagement, or legal involvement; or
(iv) other desistance metrics that may capture an individual's behavior following the individual's release from an intervention.

(4) Unless otherwise specified in statute: (a) the evaluation period described in Subsection (3)(a)(ii) is three years; and
(b) a recidivism-triggering event under Subsection (3)(a)(iii) shall include: (i) an arrest;
(ii) an admission to prison;
(iii) a criminal charge; or
(iv) a criminal conviction.

Section 3. Section 63M-7-208 is amended to read:
63M-7-208. Juvenile justice oversight -- Delegation -- Effective dates.
(1) As used in this section, "juvenile recidivism" means the same as that term is defined in Section 80-6-104.
[(1)] (2) The [State Commission on Criminal and Juvenile Justice] commission shall: (a) support implementation and expansion of evidence-based juvenile justice programs and practices, including assistance regarding implementation fidelity, quality assurance, and ongoing evaluation;
(b) examine and make recommendations on the use of third-party entities or an intermediary organization to assist with implementation and to support the performance-based contracting system authorized in Subsection [(1)(m)] (2)(m);
(c) oversee the development of performance measures to track juvenile justice reforms, and ensure early and ongoing stakeholder engagement in identifying the relevant performance measures;
(d) evaluate currently collected data elements throughout the juvenile justice system and contract reporting requirements to streamline reporting, reduce redundancies, eliminate inefficiencies, and ensure a focus on [recidivism reduction] the reduction of juvenile recidivism;
(e) review averted costs from reductions in out-of-home placements for juvenile justice youth placed with the Division of Juvenile Justice and Youth Services and the Division of Child and Family Services, and make recommendations to prioritize the reinvestment and realignment of resources into community-based programs for youth living at home, including the following: (i) statewide expansion of: (A) juvenile receiving centers, as defined in Section 80-1-102;
(B) mobile crisis outreach teams, as defined in Section 26B-5-101;
(C) youth courts; and
(D) victim-offender mediation;

(ii) statewide implementation of nonresidential diagnostic assessment;
(iii) statewide availability of evidence-based programs and practices including cognitive behavioral and family therapy programs for minors assessed by a validated risk and needs assessment as moderate or high risk;
(iv) implementation and infrastructure to support the sustainability and fidelity of evidence-based juvenile justice programs, including resources for staffing, transportation, and flexible funds; and
(v) early intervention programs such as family strengthening programs, family wraparound services, and proven truancy interventions;

(f) assist the Administrative Office of the Courts in the development of a statewide sliding scale for the assessment of fines, fees, and restitution, based on the ability of the minor's family to pay;
(g) analyze the alignment of resources and the roles and responsibilities of agencies, such as the operation of early intervention services, receiving centers, and diversion, and make recommendations to reallocate functions as appropriate, in accordance with Section 80-5-401;
(h) comply with the data collection and reporting requirements under Section 80-6-104;
(i) develop a reasonable timeline within which all programming delivered to minors in the juvenile justice system must be evidence-based or consist of practices that are rated as effective for reducing juvenile recidivism by a standardized program evaluation tool;
(j) provide guidelines to be considered by the Administrative Office of the Courts and the Division of Juvenile Justice and Youth Services in developing tools considered by the Administrative Office of the Courts and the Division of Juvenile Justice and Youth Services in developing or selecting tools to be used for the evaluation of juvenile justice programs;
(k) develop a timeline to support improvements to juvenile justice programs to achieve reductions in juvenile recidivism and review reports from relevant state agencies on progress toward reaching that timeline;
(l) subject to Subsection [(2)] (3), assist in the development of training for juvenile justice stakeholders, including educators, law enforcement officers, probation staff, judges, Division of Juvenile Justice and Youth Services staff, Division of Child and Family Services staff, and program providers;
(m) subject to Subsection [(3)] (4), assist in the development of a performance-based contracting system, which shall be developed by the Administrative Office of the Courts and the Division of Juvenile Justice and Youth Services for contracted services in the community and contracted out-of-home placement providers;
(n) assist in the development of a validated detention risk assessment tool that is developed or adopted and validated by the Administrative Office of the Courts and the Division of Juvenile Justice and Youth Services as provided in Section 80-5-203; and
(o) annually issue and make public a report to the governor, president of the Senate, speaker of the House of Representatives, and chief justice of the Utah Supreme Court on the progress of the reforms and any additional areas in need of review.

[(2)] (3) Training described in Subsection [(1)(l)] (2)(l) should include instruction on evidence-based programs and principles of juvenile justice, such as risk, needs, responsivity, and fidelity, and shall be supplemented by the following topics: (a) adolescent development;
(b) identifying and using local behavioral health resources;
(c) cross-cultural awareness;
(d) graduated responses;
(e) Utah juvenile justice system data and outcomes; and
(f) gangs.

[(3)] (4) The system described in Subsection [(1)(m)] (2)(m) shall provide incentives for: (a) the use of evidence-based juvenile justice programs and practices rated as effective by the tools selected in accordance with Subsection [(1)(j)] (2)(j);
(b) the use of three-month timelines for program completion; and
(c) evidence-based programs and practices for minors living at home in rural areas.

[(4)] (5) The [State Commission on Criminal and Juvenile Justice] commission may delegate the duties imposed under this section to a subcommittee or board established by the [State Commission on Criminal and Juvenile Justice] commission in accordance with Subsection 63M-7-204(2).

Section 4. Section 77-27-7.1 is amended to read:
77-27-7.1. Appointment of counsel or lay representative -- Procedures.
(1) If the board in the board's discretion determines that an offender within the board's jurisdiction is unable, due to physical, mental, or other circumstances, to meaningfully participate in a board hearing or other board proceeding, the board may appoint, at the board's own expense, legal counsel or a lay representative to assist the offender.
(2) If a prosecuting attorney brings a motion under Subsection 80-6-507(7) to have the board review the status of a minor who is provisionally housed in a secure care facility, as defined in Section 80-1-102, and the board agrees to review the status of the minor, the board may appoint counsel to assist the minor, at the board's own expense, before a hearing on the motion.
[(2)] (3) The board shall determine the scope of the representation described in Subsection (1) based on a review of the totality of the circumstances.
[(3)] (4) This section does not prevent the board from: (a) appointing a licensed mental health professional in accordance with Section 77-27-7; or
(b) otherwise seeking information concerning the offender from the department or another entity.

Section 5. Section 80-5-102 is amended to read:
80-5-102. Definitions.
As used in this chapter: (1) "Account" means the Juvenile Justice Reinvestment Restricted Account created in Section 80-5-302.
(2) (a) "Adult" means an individual who is 18 years old or older.
(b) "Adult" does not include a juvenile offender.

(3) "Aftercare services" means the same as the term "aftercare" is defined in 45 C.F.R. 1351.1.
(4) "Authority" means the Youth Parole Authority created in Section 80-5-701.
(5) "Control" means the authority to detain, restrict, and supervise a juvenile offender in a manner consistent with public safety and the well-being of the juvenile offender and division employees.
(6) "Cross-sex hormone treatment" means the same as that term is defined in Section 26B-4-1001.
(7) "Director" means the director of the Division of Juvenile Justice and Youth Services.
(8) "Discharge" means the same as that term is defined in Section 80-6-102.
(9) "Division" means the Division of Juvenile Justice and Youth Services created in Section 80-5-103.
(10) "Homeless youth" means a child, other than an emancipated minor: (a) who is a runaway; or
(b) who is: (i) not accompanied by the child's parent or guardian; and
(ii) without care, as defined in Section 80-5-602.

(11) "Housing unit" means an area with secured entrances, minor rooms, and common area space.
(12) "Minor room" means a secured room where an individual sleeps and uses restroom facilities.
(13) "Observation and assessment program" means a nonresidential service program operated or purchased by the division that is responsible only for diagnostic assessment of minors, including for substance use disorder, mental health, psychological, and sexual behavior risk assessments.
(14) "Performance based contracting" means a system of contracting with service providers for the provision of residential or nonresidential services that: (a) provides incentives for the implementation of evidence-based juvenile justice programs or programs rated as effective for reducing juvenile recidivism, as defined in Section 80-6-104, by a standardized tool in accordance with Section 63M-7-208; and
(b) provides a premium rate allocation for a minor who receives the evidence-based dosage of treatment and successfully completes the program within three months.

(15) "Puberty inhibition drug treatment" means administering, prescribing, or supplying for effectuating or facilitating an individual's attempted sex change, any of the following alone or in combination with aromatase inhibitors: (a) gonadotropin-releasing hormone agonists; or
(b) androgen receptor inhibitors.

(16) "Primary sex characteristic surgical procedure" means the same as that term is defined in Section 26B-4-1001.
(17) "Rescission" means the same as that term is defined in Section 80-6-102.
(18) "Restitution" means the same as that term is defined in Section 80-6-102.
(19) "Revocation" means the same as that term is defined in Section 80-6-102.
(20) "Secondary sex characteristic surgical procedure" means the same as that term is defined in Section 26B-4-1001.
(21) "Temporary custody" means the same as that term is defined in Section 80-6-102.
(22) "Temporary homeless youth shelter" means a facility that: (a) provides temporary shelter to homeless youth; and
(b) is licensed by the Department of Health and Human Services, created in Section 26B-1-201, as a residential support program.

(23) "Termination" means the same as that term is defined in Section 80-6-102.
(24) "Victim" means the same as that term is defined in Section 80-6-102.
(25) "Work program" means a nonresidential public or private service work project established and administered by the division for juvenile offenders for the purpose of rehabilitation, education, and restitution to victims.
(26) (a) "Youth services" means services provided in an effort to resolve family conflict: (i) for families in crisis when a minor is ungovernable or a runaway; or
(ii) involving a minor and the minor's parent or guardian.

(b) "Youth services" include efforts to: (i) resolve family conflict;
(ii) maintain or reunite minors with the minors' families; and
(iii) divert minors from entering or escalating in the juvenile justice system.

(c) "Youth services" may provide: (i) crisis intervention;
(ii) short-term shelter;
(iii) time-out placement; and
(iv) family counseling.

(27) "Youth services center" means a center established by, or under contract with, the division to provide youth services.

Section 6. Section 80-6-104 is amended to read:
80-6-104. Data collection on offenses committed by minors -- Reporting requirement.
(1) As used in this section: (a) "Diversion" means: (i) an agreement between an individual and a juvenile probation officer that results in the resolution of a referral for an offense before a petition is filed; or
(ii) an agreement between an individual and a prosecuting attorney that results in the dismissal of charges for an offense before a conviction.

[(a)] (b) "Firearm" means the same as that term is defined in Section 76-11-101.
[(b)] (c) "Firearm-related offense" means a criminal offense involving a firearm.
(d) "Juvenile recidivism" means a diversion, adjudication, or conviction of an individual for an offense within six months, one year, two years, and three years after the day on which: (i) the individual accepted a nonjudicial adjustment; or
(ii) the juvenile court ordered a disposition for the individual resulting in secure care, community-based placement, formal probation, or intake probation.

(e) "School" means the same as that term is defined in Section 80-6-103.
(f) "School-based offense" means any infraction, misdemeanor, or felony offense that occurs at school when school is in session, at the location of a school-sponsored activity during the activity, or on school district transportation, including a school bus.
(g) "School-based referral" means the referral of a minor under Section 53G-8-211 for a school-based offense.
(h) "School-based recidivism" means a diversion, adjudication, or conviction of an individual for a school-based offense within six months, one year, two years, and three years after the day on which: (i) the individual accepted a nonjudicial adjustment for a school-based offense; or
(ii) the juvenile court ordered a disposition for the individual resulting in secure care, community-based placement, formal probation, or intake probation.

[(c)] (i) "School is in session" means the same as that term is defined in Section 53E-3-516.
[(d)] (j) "School-sponsored activity" means the same as that term is defined in Section 53E-3-516.

(2) Before July 1 of each year, the Administrative Office of the Courts shall submit the following data to the State Commission on Criminal and Juvenile Justice, broken down by judicial district, for the preceding calendar year: (a) the number of referrals to the juvenile court;
(b) the number of minors diverted to a nonjudicial adjustment;
(c) the number of minors that satisfy the conditions of a nonjudicial adjustment;
(d) the number of minors for whom a petition for an offense is filed in the juvenile court;
(e) the number of minors for whom an information is filed in the juvenile court;
(f) the number of minors bound over to the district court by the juvenile court;
(g) the number of petitions for offenses committed by minors that were dismissed by the juvenile court;
(h) the number of adjudications in the juvenile court for offenses committed by minors;
(i) the number of guilty pleas entered into by minors in the juvenile court;
(j) the number of dispositions resulting in secure care, community-based placement, formal probation, and intake probation; and
(k) for each minor charged in the juvenile court with a firearm-related offense: (i) the minor's age at the time the offense was committed or allegedly committed;
(ii) the minor's zip code at the time that the offense was referred to the juvenile court;
(iii) whether the minor is a restricted person under Subsection 76-11-302(4) or 76-11-303(4);
(iv) the type of offense for which the minor is charged;
(v) the outcome of the minor's case in juvenile court, including whether the minor was bound over to the district court or adjudicated by the juvenile court; and
(vi) if a disposition was entered by the juvenile court, whether the disposition resulted in secure care, community-based placement, formal probation, or intake probation.

(3) The State Commission on Criminal and Juvenile Justice shall track the disposition of a case resulting from a firearm-related offense committed, or allegedly committed, by a minor when the minor is found in possession of a firearm while school is in session or during a school-sponsored activity.
(4) In collaboration with the Administrative Office of the Courts, the division, and other agencies, the State Commission on Criminal and Juvenile Justice shall collect data for the preceding calendar year on: (a) the length of time that minors spend in the juvenile justice system, including the total amount of time minors spend under juvenile court jurisdiction, on community supervision, and in each out-of-home placement;
(b) [recidivism of minors who are diverted to a nonjudicial adjustment and minors for whom dispositions are ordered by the juvenile court] juvenile recidivism, including tracking minors into the adult corrections system;
(c) school-based recidivism;
(d) school-based referrals;
[(c)] (e) changes in aggregate risk levels from the time minors receive services, are under supervision, and are in out-of-home placement; and
[(d)] (f) dosages of programming.

(5) On and before October 1 of each year, the State Commission on Criminal and Juvenile Justice shall prepare and submit a written report to the Judiciary Interim Committee and the Law Enforcement and Criminal Justice Interim Committee that includes: (a) data collected by the State Commission on Criminal and Juvenile Justice under this section;
(b) data collected by the State Board of Education under Section 53E-3-516; and
(c) recommendations for legislative action with respect to the data described in this Subsection (5).

(6) After submitting the written report described in Subsection (5), the State Commission on Criminal and Juvenile Justice may supplement the report at a later time with updated data and information the State Board of Education collects under Section 53E-3-516.
(7) Nothing in this section shall be construed to require the disclosure of information or data that is classified as controlled, private, or protected under Title 63G, Chapter 2, Government Records Access and Management Act.

Section 7. Section 80-6-507 is amended to read:
80-6-507. Commitment of a minor by a district court -- Provisional housing of a minor in a secure care facility.
(1) When sentencing a minor, the district court shall order the minor to make restitution in accordance with Title 77, Chapter 38b, Crime Victims Restitution Act.
[(1)] (2) (a) If the district court determines that probation is not appropriate and commitment to prison is an appropriate sentence when sentencing a minor: (i) the district court shall order the minor committed to prison; and
(ii) except as provided in Subsection (3) or (7), the minor shall be provisionally housed in a secure care facility[] until the minor reaches 25 years old, unless released earlier from incarceration by the Board of Pardons and Parole.

(b) [Subsection (1)] This Subsection (2) applies to any minor being provisionally housed in a secure care facility as described in Subsection [(1)(a)] (2)(a) on or after May 4, 2022.
[(c) The district court shall, as a part of sentencing, order the minor to make restitution in accordance with Title 77, Chapter 38b, Crime Victims Restitution Act.]

(3) The district court may order a minor to be committed to the physical custody of the Department of Corrections and housed in a correctional facility rather than a secure care facility under Subsection (2)(a)(ii) if: (a) the minor is convicted of aggravated murder under Section 76-5-202;
(b) the minor was 17 years old at the time that the aggravated murder occurred;
(c) the minor is 18 years old or older at the time of sentencing; and
(d) the court determines that the minor would present a security risk to other individuals in a secure care facility.

[(2) (a) The division shall adopt procedures by rule, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, regarding the transfer of a minor provisionally housed in a secure care facility under Subsection (1) to the physical custody of the Department of Corrections.]
[(b) If, in accordance with the rules adopted under Subsection (2)(a), the division determines that housing the minor in a secure care facility presents an unreasonable risk to others or that it is not in the best interest of the minor, the division shall transfer the physical custody of the minor to the Department of Corrections.]

[(3)] (4) (a) When a minor is committed to prison but provisionally housed in a secure care facility []under this section, the district court and the division shall immediately notify the Board of Pardons and Parole so that the minor may be scheduled for a hearing according to board procedures.
(b) If a minor who is provisionally housed in a secure care facility []under this section has not been paroled or otherwise released from incarceration by the time the minor reaches 25 years old, the division shall as soon as reasonably possible, but not later than when the minor reaches 25 years and 6 months old, transfer the minor to the physical custody of the Department of Corrections.

[(4)] (5) Upon the commitment of a minor to the custody of the division or the Department of Corrections under this section, the Board of Pardons and Parole has authority over the minor for purposes of parole, pardon, commutation, termination of sentence, remission of restitution, fines or forfeitures, and all other purposes authorized by law.
[(5)] (6) The authority[] shall: (a) hold hearings, receive reports, or otherwise keep informed of the progress of a minor in the custody of the division under this section; and
(b) forward to the Board of Pardons and Parole any information or recommendations concerning the minor.

(7) (a) Upon a motion by a prosecuting attorney, the Board of Pardons and Parole may: (i) review the status of a minor who is provisionally housed in a secure care facility as described in Subsection (2)(a)(ii); and
(ii) order that the minor be committed to the physical custody of the Department of Corrections and housed in a correctional facility if: (A) the minor meets the requirements described in Subsections (3)(a) through (c); and
(B) the Board of Pardons and Parole finds that the commitment and transfer is warranted.

(b) For a motion described in Subsection (7)(a), the board shall appoint counsel for the minor as described in Section 77-27-7.1.

(8) (a) The division shall adopt procedures by rule, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, regarding the transfer of a minor provisionally housed in a secure care facility as described in Subsection (2)(a)(ii).
(b) The division shall transfer the physical custody of a minor to the Department of Corrections if, in accordance with the rules adopted under Subsection (8)(a), the division determines that housing a minor in a secure care facility: (i) presents an unreasonable risk to others; or
(ii) it is not in the best interest of the minor.

[(6)] (9) Commitment of a minor under this section is a prison commitment for all sentencing purposes.

Section 8. Effective Date.
This bill takes effect on May 6, 2026.

3-11-26 11:41 AM