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2020 Utah Code
Title 77 - Utah Code of Criminal Procedure
Chapter 41 - Sex and Kidnap Offender Registry
Section 112 - Removal from registry -- Requirements -- Procedure.
Universal Citation: UT Code § 77-41-112 (2020)
Effective 5/14/2019
77-41-112. Removal from registry -- Requirements -- Procedure.
Amended by Chapter 382, 2019 General Session
77-41-112. Removal from registry -- Requirements -- Procedure.
- (1) An offender who is required to register with the Sex and Kidnap Offender Registry may petition the court for an order removing the offender from the Sex and Kidnap Offender Registry if:
- (a)
- (i) the offender is convicted of an offense described in Subsection (2);
- (ii) at least five years have passed after the day on which the offender's sentence for the offense terminates;
- (iii) the offense is the only offense for which the offender is required to register;
- (iv) the offender is not convicted of another offense, excluding a traffic offense, after the day on which the offender is convicted of the offense for which the offender is required to register, as evidenced by a certificate of eligibility issued by the bureau;
- (v) the offender successfully completes all treatment ordered by the court or the Board of Pardons and Parole relating to the offense;
- (vi) the offender pays all restitution ordered by the court or the Board of Pardons and Parole relating to the offense; and
- (vii) the offender complies with all registration requirements required under this chapter at all times; or
- (b)
- (i) if the offender is required to register in accordance with Subsection 77-41-105(3)(a);
- (ii) at least 10 years have passed after the later of:
- (A) the day on which the offender is placed on probation;
- (B) the day on which the offender is released from incarceration to parole;
- (C) the day on which the offender's sentence is terminated without parole;
- (D) the day on which the offender enters a community-based residential program; or
- (E) for a minor, as defined in Section 78A-6-105, the day on which the division's custody of the offender is terminated;
- (iii) the offender is not convicted of another offense that is a class A misdemeanor, felony, or capital felony within the most recent 10-year period after the date described in Subsection (1)(b)(ii), as evidenced by a certificate of eligibility issued by the bureau;
- (iv) the offender successfully completes all treatment ordered by the court or the Board of Pardons and Parole relating to the offense;
- (v) the offender pays all restitution ordered by the court or the Board of Pardons and Parole relating to the offense; and
- (vi) the offender complies with all registration requirements required under this chapter at all times.
- (a)
- (2) The offenses referred to in Subsection (1)(a)(i) are:
- (a) Section 76-4-401, enticing a minor, if the offense is a class A misdemeanor;
- (b) Section 76-5-301, kidnapping;
- (c) Section 76-5-304, unlawful detention, if the conviction of violating Section 76-5-304 is the only conviction for which the offender is required to register;
- (d) Section 76-5-401, unlawful sexual activity with a minor if, at the time of the offense, the offender is not more than 10 years older than the victim;
- (e) Section 76-5-401.1, sexual abuse of a minor, if, at the time of the offense, the offender is not more than 10 years older than the victim;
- (f) Section 76-5-401.2, unlawful sexual conduct with a 16 or 17 year old, and at the time of the offense, the offender is not more than 15 years older than the victim; or
- (g) Section 76-9-702.7, voyeurism, if the offense is a class A misdemeanor.
- (3)
- (a)
- (i) An offender seeking removal from the Sex and Kidnap Offender Registry under this section shall apply for a certificate of eligibility from the bureau.
- (ii) An offender who intentionally or knowingly provides false or misleading information to the bureau when applying for a certificate of eligibility is guilty of a class B misdemeanor and subject to prosecution under Section 76-8-504.6.
- (iii) Regardless of whether the offender is prosecuted, the bureau may deny a certificate of eligibility to an offender who provides false information on an application.
- (b)
- (i) The bureau shall perform a check of records of governmental agencies, including national criminal databases, to determine whether an offender is eligible to receive a certificate of eligibility.
- (ii) If the offender meets the requirements described in Subsection (1)(a) or (b), the bureau shall issue a certificate of eligibility to the offender, which is valid for a period of 90 days after the day on which the bureau issues the certificate.
- (iii) The bureau shall request information from the department regarding whether the offender meets the requirements.
- (iv) Upon request from the bureau under Subsection (3)(b)(iii), the department shall issue a document that states whether the offender meets the requirements described in Subsection (1)(a) or (b), which may be used by the bureau to determine if a certificate of eligibility is appropriate.
- (v) The bureau shall provide a copy of the document provided to the bureau under Subsection (3)(b)(iv) to the offender upon issuance of a certificate of eligibility.
- (a)
- (4)
- (a)
- (i) The bureau shall charge application and issuance fees for a certificate of eligibility in accordance with the process in Section 63J-1-504.
- (ii) The application fee shall be paid at the time the offender submits an application for a certificate of eligibility to the bureau.
- (iii) If the bureau determines that the issuance of a certificate of eligibility is appropriate, the offender will be charged an additional fee for the issuance of a certificate of eligibility.
- (b) Funds generated under this Subsection (4) shall be deposited into the General Fund as a dedicated credit by the department to cover the costs incurred in determining eligibility.
- (a)
- (5)
- (a) The offender shall file the petition, including original information, the court docket, the certificate of eligibility from the bureau, and the document from the department described in Subsection (3)(b)(iv) with the court, and deliver a copy of the petition to the office of the prosecutor.
- (b) Upon receipt of a petition for removal from the Sex and Kidnap Offender Registry, the office of the prosecutor shall provide notice of the petition by first-class mail to the victim at the most recent address of record on file or, if the victim is still a minor under 18 years of age, to the parent or guardian of the victim.
- (c) The notice described in Subsection (5)(b) shall include a copy of the petition, state that the victim has a right to object to the removal of the offender from the registry, and provide instructions for registering an objection with the court.
- (d) The office of the prosecutor shall provide the following, if available, to the court within 30 days after the day on which the office receives the petition:
- (i) presentencing report;
- (ii) an evaluation done as part of sentencing; and
- (iii) any other information the office of the prosecutor feels the court should consider.
- (e) The victim, or the victim's parent or guardian if the victim is a minor under 18 years of age, may respond to the petition by filing a recommendation or objection with the court within 45 days after the day on which the petition is mailed to the victim.
- (6)
- (a) The court shall:
- (i) review the petition and all documents submitted with the petition; and
- (ii) hold a hearing if requested by the prosecutor or the victim.
- (b) The court may grant the petition and order removal of the offender from the registry if the court determines that the offender has met the requirements described in Subsection (1)(a) or (b) and removal is not contrary to the interests of the public.
- (c) If the court grants the petition, the court shall forward a copy of the order directing removal of the offender from the registry to the department and the office of the prosecutor.
- (d) If the court denies the petition, the offender may not submit another petition for three years.
- (a) The court shall:
- (7) The court shall notify the victim and the Sex and Kidnap Offender Registry office in the department of the court's decision within three days after the day on which the court issues the court's decision in the same manner described in Subsection (5).
Amended by Chapter 382, 2019 General Session
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