Very little bulk criminal justice information is publicly available in Utah; researchers can access protected records via agreements with the controlling state agency.
House Bill 288 requires county jails, prosecutor offices, and the Administrative Office of the Courts to provide data to the Commission on Criminal and Juvenile Justice. Pursuant to this bill, county jails are required to report specified jail demographics; prosecutor offices are required to submit specified data on each criminal case referred by a law enforcement agency; and the Administrative office of the Courts is required to provide information on each criminal case filed with the court. Data reported to the commission include, but are not limited to, defendant's full name, offense tracking number, referring agency, gender, race, date of birth, zip code, charges filed, charges dismissed and diversion type. In accordance with this bill, the Commission on Criminal and Juvenile Justice shall analyze these data to evaluate and report on the status of crime in the state and on the effectiveness of criminal justice policies, procedures, and programs intended for the reduction of crime across the state.
Senate Bill 193 modifies county jail reporting requirements to the Commission of Criminal and Juvenile Justice. Pursuant to this bill, county jails will be required to report supplemental information related to inmate population (e.g., jail policies, procedures and protocols, average daily inmate population, number of inmates booked into county jail, number of inmates denied pretrial release, state identification number of inmates, number of in-custody deaths, etc).
House Bill 397 amends provisions within the Utah Code related to the expungement of criminal records. In particular, this bill prohibits the Bureau of Criminal Identification from considering a petitioner’s clean slate eligible case that has been automatically expunged when determining whether to issue a certificate of eligibility and establishes that an acquittal due to a defendant being found not guilty by reason of insanity does not qualify for automatic expungement. Also notable, this bill modifies the circumstances for which an adjudication or nonjudicial adjustment in the juvenile court may be expunged and establishes the Juvenile Expungement Act.
House Bill 83 amends provisions in the Laws of Utah 2010, related to the expungement of criminal records. As such, notice of expungement petition is revised to include prosecutorial duty to notify a victim of an expungement request for a charge dismissed in accordance with a plea in abeyance agreement. Additionally, this bill amends provisions for which the court shall issue an order of expungement to make specific findings when granting an expungement for a plea in abeyance (i.e clear and convincing evidence that the petition for expungement is for a charge dismissed).
House Bill 431 modified various provisions throughout the Utah Expungement Act. Notably, this bill established the process for automatic expungement and deletion of criminal records to include eligibility and procedures for processing an automatic expungement by a prosecuting agency, the department of public safety and judicial council. Additionally, this bill extended eligibility for an automatic expungement to include acquitted criminal charges, dismissals with prejudice, and certain convictions (i.e., conviction must not include capital felony, first degree felony, violent felony, felony automobile homicide, etc).
Senate Bill 205 established incarceration reporting requirements. Pursuant to this bill, both Department of Corrections and county jails were required to report specified information to the Commission on Criminal and Juvenile Justice. Reporting requirements included collecting information on inmate in-custody deaths, treatment policies for inmates with a substance or alcohol addiction, and medications dispensed to an inmate during incarceration. Notably, this bill also required the Commission on Criminal and Juvenile Justice and the Utah Substance Use and Mental Health Advisory Council to compile the information collected and submit the compilation to the Law Enforcement and Criminal Justice Interim Committee on a yearly basis.
Senate Bill 62 modified various provisions throughout the Utah Code Sections related to expungement of criminal charges. This bill amended eligibility requirements for expungement of arrest records, investigation and subsequent detention to include cases dismissed without prejudice or without condition, written consent to the issuance of a certificate of eligibility from the prosecutor and 180 day marker from the day on which a case was dismissed. Additionally, SB 62 addressed when the court should issue an order of expungement and the standard of proof to petition for expungement.
Senate Bill 12 amended various provisions in the Utah Code related to expungement of criminal records and pardons. In accordance with SB 12, minor offenses such as prior infractions and traffic offenses would not count toward an individual’s expungement eligibility by the Bureau of Criminal Identification. Additionally, this bill amended Board authority of expunged convictions to prohibit the dissemination of information regarding pardons and expungements by the Board of Pardons and Parole. Also notable, SB 12 expanded the number of prior convictions eligible for expungement.
Senate Bill 185 modified the Utah Code of Criminal Procedure related to reporting requirements by law enforcement agencies. In accordance with this bill, all state, county and municipal law enforcement agencies were required to report the deployment and use of tactical groups, to the Commission on Criminal and Juvenile Justice. This required law enforcement agencies to compile data related to reason for deployment, location of reportable incidents, type of warrant obtained and several additional data requirements. Also notable, this bill required the Commission on Criminal and Juvenile Justice provide summarized reports of these data before the attorney general, the speaker of the House of Representatives, the president of the Senate, law enforcement agencies and make available through the Utah Open Government Website.
Senate Bill 201 amended provisions related to the issuance of an expungement order and record. As such, agencies eligible to access information in expunged records, upon specific request, were revised to include the Department of Insurance, Department of Commerce and the Commission on Criminal and Juvenile Justice. SB 201 also amended the Board of Pardons and Parole authority, to require the board issue an expungement order for individuals granted a pardon.
House Bill 33 consisted of various amendments to the Utah expungement process. Accordingly, this bill created a process by which drug-related crimes (i.e drug possession and paraphernalia offenses) could be expunged by adding another felony and misdemeanor offense to the list of offenses eligible for expungement. Additionally, the expanded expungement policy required individuals seeking petition for expungement of criminal records to be free of illegal substance use/abuse and successfully manage any substance addiction.