Section 63M-7-404.3 - Adult sentencing and supervision length guidelines(1) The sentencing commission shall establish and maintain adult sentencing and supervision length guidelines regarding: (a) the sentencing and release of offenders in order to: (i) accept public comment;(ii) relate sentencing practices and correctional resources;(iii) increase equity in sentencing;(iv) better define responsibility in sentencing; and(v) enhance the discretion of the sentencing court while preserving the role of the Board of Pardons and Parole;(b) the length of supervision of offenders on probation or parole in order to: (i) accept public comment;(ii) increase equity in criminal supervision lengths;(iii) relate the length of supervision to an offender's progress;(iv) take into account an offender's risk of offending again;(v) relate the length of supervision to the amount of time an offender has remained under supervision in the community; and(vi) enhance the discretion of the sentencing court while preserving the role of the Board of Pardons and Parole; and(c) appropriate, evidence-based probation and parole supervision policies and services that assist offenders in successfully completing supervision and reduce incarceration rates from community supervision programs while ensuring public safety, including:(i) treatment and intervention completion determinations based on individualized case action plans;(ii) measured and consistent processes for addressing violations of conditions of supervision;(iii) processes that include using positive reinforcement to recognize an offender's progress in supervision;(iv) engaging with social services agencies and other stakeholders who provide services that meet the needs of an offender; and(v) identifying community violations that may not warrant revocation of probation or parole.(2)(a) Before July 1, 2024, the sentencing commission shall revise and review the adult sentencing and supervision length guidelines to reflect appropriate penalties for the following offenses: (i) an interlock restricted driver operating a vehicle without an ignition interlock system, Section 41-6a-518.2:(ii) negligently operating a vehicle resulting in injury, Section 76-5-102.1; and(iii) negligently operating a vehicle resulting in death, Section 76-5-207.(b) The guidelines under Subsection (2)(a) shall consider the following:(i) the current sentencing requirements for driving under the influence of alcohol, drugs, or a combination of both as identified in Section 41-6a-505 when injury or death do not result;(ii) the degree of injury and the number of victims suffering injury or death as a result of the offense;(iii) the offender's number of previous convictions for driving under the influence related offenses as defined in Subsection 41-6a-501(2)(a); and(iv) whether the offense amounts to extreme DUI, as that term is defined in Section 41-6a-501.(3) On or before October 31, 2024, the sentencing commission shall review and revise the supervision tools in the adult sentencing and supervision length guidelines to: (a) recommend appropriate sanctions for an individual who violates probation or parole by: (i) committing a felony offense, a misdemeanor offense described in Title 76, Chapter 5, Offenses Against the Individual, or a misdemeanor offense for driving under the influence described in Section 41-6a-502;(ii) possessing a dangerous weapon; or(iii) willfully refusing to participate in treatment ordered by the court or the Board of Pardons and Parole; and(b) recommend appropriate incentives for an individual on probation or parole that: (i) completes all conditions of probation or parole; or(ii) maintains eligible employment as defined in Section 64-13g-101.(4) The sentencing commission shall establish guidelines in the adult sentencing and supervision length guidelines that recommend an enhanced sentence that a court or the Board of Pardons and Parole should consider when determining the period in which a habitual offender, as defined in Section 77-18-102, will be incarcerated.(5) The sentencing commission shall modify: (a) the adult sentencing and supervision length guidelines to reduce recidivism for the purposes of protecting the public and ensuring efficient use of state funds; and(b) the criminal history score in the adult sentencing and supervision length guidelines to reduce recidivism, including factors in an offender's criminal history that are relevant to the accurate determination of an individual's risk of offending again.Amended by Chapter 197, 2024 General Session ,§ 13, eff. 7/1/2024.Amended by Chapter 434, 2024 General Session ,§ 19, eff. 5/1/2024.Amended by Chapter 434, 2024 General Session ,§ 17, eff. 5/1/2024.Amended by Chapter 434, 2024 General Session ,§ 17, eff. 5/1/2024.Added by Chapter 208, 2024 General Session ,§ 11, eff. 5/1/2024.