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2021 Utah Code
Title 77 - Utah Code of Criminal Procedure
Chapter 41 - Sex and Kidnap Offender Registry
Section 113 - Removal for offenses or convictions for which registration is no longer required.
Universal Citation: UT Code § 77-41-113 (2021)
Effective 5/5/2021
77-41-113. Removal for offenses or convictions for which registration is no longer required.
Amended by Chapter 206, 2021 General Session
Amended by Chapter 334, 2021 General Session
Amended by Chapter 410, 2021 General Session
Amended by Chapter 410, 2021 General Session, (Coordination Clause)
77-41-113. Removal for offenses or convictions for which registration is no longer required.
- (1) The department shall automatically remove an individual who is currently on the Sex and Kidnap Offender Registry because of a conviction if:
- (a) the only offense or offenses for which the individual is on the registry are listed in Subsection (2); or
- (b) the department receives a formal notification or order from the court or the Board of Pardons and Parole that the conviction for the offense or offenses for which the individual is on the registry have been reversed, vacated, or pardoned.
- (2) The offenses described in Subsection (1)(a) are:
- (a) a class B or class C misdemeanor for enticing a minor, Section 76-4-401;
- (b) kidnapping, based upon Subsection 76-5-301(1)(a) or (b);
- (c) child kidnapping, Section 76-5-301.1, if the offender was the natural parent of the child victim;
- (d) unlawful detention, Section 76-5-304;
- (e) a third degree felony for unlawful sexual intercourse before 1986, or a class B misdemeanor for unlawful sexual intercourse, Section 76-5-401;
- (f) sodomy, but not forcible sodomy, Section 76-5-403; or
- (g) unless the offender is an individual described in Subsection 77-41-102(9)(f) or (17)(f), an offense committed in Utah before the offender is 18 years old.
- (3)
- (a) The department shall notify an individual who has been removed from the registry in accordance with Subsection (1).
- (b) The notice described in Subsection (3)(a) shall include a statement that the individual is no longer required to register as a sex offender.
- (4) An individual who is currently on the Sex and Kidnap Offender Registry may submit a request to the department to be removed from the registry if the individual believes that the individual qualifies for removal under this section.
- (5) The department, upon receipt of a request for removal from the registry shall:
- (a) check the registry for the individual's current status;
- (b) determine whether the individual qualifies for removal based upon this section; and
- (c) notify the individual in writing of the department's determination and whether the individual:
- (i) qualifies for removal from the registry; or
- (ii) does not qualify for removal.
- (6) If the department determines that the individual qualifies for removal from the registry, the department shall remove the offender from the registry.
- (7) If the department determines that the individual does not qualify for removal from the registry, the department shall provide an explanation in writing for the department's determination. The department's determination is final and not subject to administrative review.
- (8) Neither the department nor any employee may be civilly liable for a determination made in good faith in accordance with this section.
- (9) The department shall provide a response to a request for removal within 30 days of receipt of the request. If the response cannot be provided within 30 days, the department shall notify the individual that the response may be delayed up to 30 additional days.
Amended by Chapter 206, 2021 General Session
Amended by Chapter 334, 2021 General Session
Amended by Chapter 410, 2021 General Session
Amended by Chapter 410, 2021 General Session, (Coordination Clause)
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