(1) As used in this section: (a) "Division" means the Division of Adult Probation and Parole created in Section 64-14-202. (b) "Monitoring" means time-correlated tracking of the geographic location of a monitored individual using GPS-based satellite or other location technology. (c) "Program" means the monitoring program created under this section. (2) (a) To deter recidivism and protect the community, the department shall establish a program for the monitoring of sex offenders who are unable to provide the required residence information under Subsection 53-29-304(4)(a)(ii). (b) The program described in Subsection (2)(a) shall apply to a sex offender if the sex offender's registrable offense is committed on or after July 1, 2026. (3) The program shall include: (a) a requirement that the monitoring of a sex offender under the program begin within one business day after the day on which a law enforcement officer, a probation or parole officer, the department, or an entity described in Section 53-29-302, discovers that the sex offender is unable to provide the required residence information under Subsection 53-29-304(4)(a)(ii); (b) a procedure for the department to send notification of program oversight responsibility for a sex offender who is required to be monitored under the program to: (i) if the sex offender is currently on probation or parole, the division, in accordance with Sections 53-29-309 and 64-14-203; or (ii) if the sex offender is no longer on probation or parole, the law enforcement agency with jurisdiction over the sex offender's current or last known location, as determined under Section 53-29-308; (c) except as provided in Subsection (4), a requirement that a sex offender is responsible for paying all or part of the cost incurred by the sex offender's participation in the program; (d) a process for a sex offender who is in the program to request a redetermination by the department as to whether the sex offender is required to continue in the program; (e) a requirement that the location of a sex offender under the program may only be tracked as often as once per 12-hour period; (f) where possible, the use of monitoring systems and technology that have minimal charging, battery, or maintenance requirements; and (g) a procedure for obtaining an arrest warrant for, and locating, a sex offender who: (i) does not provide the required residence information under Subsection 53-29-304(4)(a)(ii); and (ii) fails to comply with the program. (4) A sex offender is not required to pay the cost described in Subsection (3)(c) if the sex offender demonstrates to the department that the sex offender does not have the ability to pay. (5) A sex offender required to be monitored under this section who knowingly fails to comply with the program is guilty of a violation of Section 53-29-305. (6) (a) The procedure described in Subsection (3)(g) shall require the department, upon learning of a sex offender described in Subsection (3)(g), to notify, as soon as practicable: (i) if the sex offender is currently on probation or parole, the division, in accordance with Sections 53-29-309 and 64-14-203; or (ii) if the sex offender is no longer on probation or parole, the law enforcement agency with jurisdiction over the sex offender's current or last known location, as determined under Section 53-29-308. (b) After receiving a notification from the department under Subsection (6)(a), the division or the law enforcement agency with jurisdiction under Section 53-29-308, as applicable, shall: (i) submit an affidavit requesting an arrest warrant for the sex offender in accordance with Section 77-7-5; and (ii) in coordination with other state and local law enforcement agencies, attempt to locate and arrest the sex offender who is the subject of the warrant described in Subsection (6)(b)(i). (c) An arrest warrant described in Subsection (6)(b)(i) shall be enforceable by any law enforcement agency that locates the sex offender who is the subject of the arrest warrant. (7) The department shall make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to establish the requirements, procedures, and processes under this section.
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