prosecutor responsibilities. (1) Before an offender who is eligible to petition for an order of removal from the registry as described in Section 53-29-204, 53-29-205, or 53-29-206 may file a petition with the court for an order of removal from the registry, the offender shall apply to the bureau for a certificate of eligibility for removal from the registry that states that the offender has met certain qualifications for removal. (2) After the bureau receives an offender's application for a certificate of eligibility for removal from the registry, the bureau shall: (a) perform a check of records of governmental agencies, including national criminal databases, to determine whether an offender meets the requirements described in: (i) Subsection 53-29-204(1), if the offender is seeking a five-year petition for removal; (ii) Subsections 53-29-205(1) and (2), if the offender is seeking a 10-year petition for removal; or (iii) Subsections 53-29-206(1) and (2), if the offender is seeking a 20-year petition for removal; and (b) if the bureau determines that the offender meets the requirements described in Subsection (2) (a), issue a certificate of eligibility for removal from the registry to the offender, which is valid for 90 days after the day on which the bureau issues the certificate. (3) (a) After an offender has received the certificate of eligibility for removal from the registry described in Subsection (2), the offender may petition the court for an order of removal from the registry, and shall include in the petition: (i) the original information or indictment regarding the registrable offense that the offender committed; (ii) the court docket; and (iii) the certificate of eligibility for removal from the registry. (b) An offender who files a petition with the court as described in Subsection (3)(a) shall provide a copy of the petition to: (i) if the offender is required to register on the Sex, Kidnap, and Child Abuse Offender Registry for a conviction of an offense committed in this state, the office of the prosecutor that prosecuted the offender for the offense; or (ii) if the offender is required to register on the Sex, Kidnap, and Child Abuse Offender Registry for a conviction of an offense committed in another jurisdiction, the attorney general's office. (4) (a) Subject to Subsections (4)(c) and (d), a prosecutor, upon receipt of a petition described in Subsection (3)(b)(i), 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 old, to the most recent address of record on file for the victim's parent or guardian. (b) Subject to Subsections (4)(c) and (d), the attorney general, upon receipt of a petition described in Subsection (3)(b)(ii), shall, if reasonably practicable, provide notice of the petition by first-class mail to the most recent address of record for the victim or, if the victim is still a minor under 18 years old, to the most recent address of record for the victim's parent or guardian. (c) The notice described in Subsection (4)(a) or (b) shall include: (i) a copy of the petition; (ii) an explanation that the victim has a right to object to the removal of the offender from the registry or make other recommendations to the court; and (iii) instructions for how the victim can file an objection or recommendation with the court. (d) A prosecutor or the attorney general shall provide the following, if available, to the court within 30 days after the day on which the prosecutor or attorney general receives the petition: (i) the presentencing report created for the offender based on the registrable offense committed by the offender; (ii) any evaluation done as part of sentencing for the registrable offense; and (iii) other information the prosecutor determines the court should consider. (5) A victim, or the victim's parent or guardian if the victim is a minor under 18 years old, may respond to a petition described in Subsection (3) 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) A court receiving a petition under this section 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) (i) Except as provided in Subsection (6)(b)(ii) or (iii), the court may grant the petition for removal and order the removal of the offender from the registry if the court determines that the offender has met the requirements for issuance of a certificate of eligibility for removal issued under Subsection (2) and removal is not contrary to the interests of the public. (ii) When considering a petition filed by an offender subject to a lifetime registration requirement and eligible for a 20-year petition for removal from the registry as described in Section 53-29-206, the court shall determine whether the offender has demonstrated, by clear and convincing evidence, that the offender is rehabilitated and does not pose a threat to the safety of the public. (iii) In making the determination described in Subsection (6)(b)(ii), the court may consider: (A) the nature and degree of violence involved in the registrable offense; (B) the age and number of victims of the registrable offense; (C) the age of the offender at the time the registrable offense was committed; (D) the offender's performance while on supervision for the registrable offense; (E) the offender's stability in employment and housing; (F) the offender's community and personal support system; (G) other criminal and relevant noncriminal behavior of the offender both before and after the offender committed the registrable offense; (H) if applicable, the level of risk posed by the offender as evidenced by the evidence-based risk assessment described in Subsection 53-29-206(1)(d); and (I) any other relevant factors. (c) In determining whether removal from the registry is contrary to the interests of the public, the court may not consider removal unless the offender has substantially complied with all registration requirements under this chapter at all times. (d) 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. (e) (i) Except as provided in Subsection (6)(e)(ii), if the court denies the petition, the offender may not submit another petition for three years after the day on which the court denied the petition. (ii) If the offender is an offender subject to a lifetime registration requirement and eligible for a 20-year petition for removal from the registry as described in Section 53-29-206 and files a petition for removal that is denied by the court, the offender may not submit another petition for eight years after the day on which the court denied the petition. (f) The court shall notify the victim and the registry office of the court's decision under this Subsection (6) within three days after the day on which the court issues the court's decision. (7) (a) An offender who intentionally or knowingly provides false or misleading information to the bureau when applying for a certificate of eligibility under this section is guilty of a class B misdemeanor and subject to prosecution under Section 76-8-504.6. (b) The bureau may, even if the offender is not prosecuted for providing the false or misleading information, deny a certificate of eligibility to an offender who provides false or misleading information on an application. (8) (a) (i) The bureau shall charge application and issuance fees for a certificate of eligibility for removal from the registry under this section 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 to the bureau for a certificate of eligibility for removal from the registry. (iii) If the bureau determines that the issuance of a certificate of eligibility for removal from the registry is appropriate, the offender will be charged an additional fee for the issuance of the certificate. (b) Funds generated under this Subsection (8) shall be deposited into the General Fund as a dedicated credit by the department to cover the costs incurred in determining eligibility.
‹ Prev All Utah sections Next ›
Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.