Current through the 2024 Fourth Special Session
Section 77-20-202 - Collection of pretrial information(1) When an individual is arrested without a warrant for an offense and booked at a jail facility, an employee at the jail facility, or an employee of a pretrial services program, shall submit the following information to the court with the probable cause statement:(a) identification information for the individual, including:(i) the individual's legal name and any known aliases;(ii) the individual's date of birth;(iii) the individual's state identification number;(iv) the individual's mobile phone number; and(v) the individual's email address;(b) the individual's residential address;(c) any pending criminal charge or warrant for the individual, including the offense tracking number of the current offense for which the individual is booked;(d) the individual's probation or parole supervision status;(e) whether the individual was on pretrial release for another criminal offense prior to the booking of the individual for the current criminal offense if the employee knows that the individual was on pretrial release for a prior criminal offense;(f) the individual's financial circumstances to the best of the individual's knowledge at the time of booking, including:(i) the individual's current employer;(ii) the individual's monthly income, including any alimony or child support that contributes to the individual's monthly income;(iii) the individual's monthly expenses, including any alimony or child support obligation that the individual is responsible for paying;(iv) the individual's ownership of, or any interest in, personal or real property, including any savings or checking accounts or cash;(v) the number, ages, and relationships of any dependents;(vi) any financial support or benefit that the individual receives from a state or federal government; and(vii) any other information about the individual's financial circumstances that may be relevant;(g) any ties the individual has to the community, including: (i) the length of time that the individual has been at the individual's residential address;(ii) any enrollment in a local college, university, or trade school; and(iii) the name and contact information for any family member or friend that the individual believes would be willing to provide supervision of the individual;(h) the results of a lethality assessment completed in accordance with Section 77-36-2.1, if any; and(i) whether the individual is under the influence of alcohol or a controlled substance to a degree that would endanger the individual or another individual if the individual is released.(2) Upon request, the jail facility, or the pretrial services program, shall provide the information described in Subsection (1) to the individual, the individual's attorney, or the prosecuting attorney.(3) Any information collected from an individual under Subsection (1) is inadmissible in any court proceeding other than:(a) a criminal proceeding addressing the individual's pretrial release or indigency for the offense, or offenses, for which the individual was arrested or charged with; or(b) another criminal proceeding regarding prosecution for providing a false statement under Subsection (1).(4) Nothing in this section prohibits a court and a county from entering into an agreement regarding information to be submitted to the court with a probable cause statement.Amended by Chapter 181, 2024 General Session ,§ 1, eff. 5/1/2024.Amended by Chapter 447, 2023 General Session ,§ 2, eff. 5/3/2023.Added by Chapter 4, 2021SP2 General Session ,§ 13, eff. 11/16/2021.