H.B. 134 Offender Transfer Amendments: transcript

Thank you. Thank You, representative.

You, committee. I apologize for missing my spot. I was presenting in the senate building, so, um, but, and this being law enforcement, I used to be on this committee and it was very fun. I liked this one a lot. Um, the, you guys know a lot, a lot of this already, but I, um, this concerns the interstate compact Commission and their needs for some changes. Um, very minor changes for the most part it does, as you know, they regulate the movement of probationers and parolees across state lines, and we want to, of course provide continuity in their supervision and so forth. And that's what they do. But, um, so let me tell you a little bit about what this bill does. It's, um, it's, these are technical changes mostly that came about through the reification process. And I do have people here from, um, both the drafting attorney and the, um, people from UDC who are present who could explain anything we may have a question about. But the first thing that's most noticeable, um, and concrete is that it increases the fee that a, a person in this situation wanting to move out of state would need to pay. And I'm very sensitive to fees. I know that this population often does not have, um, you know, a lot of money to spend and so forth, and they have, they're doing restitution and all of those things. So it's still a very reasonable fee. It's still much lower than in most or in many states. I can't say most, I don't know for sure. But, um, we've had a $50 fee since this fee began over 20 years ago. So just adjusted for inflation. Um, they're raising the fee to $90, um, the second, and that's a small price to pay really when you're relocating to a new state under these circumstances. Um, it also clarifies, um, that an individual whose probation or parole, um, will be required to be under supervision of, of the Utah Department of Probation and Parole before they apply to transfer. Apparently that was kind of not very clear and they wanted to have that very clear in the law. Thirdly, it, um, enacts requirements for the Board of Pardons and parole when they're issuing an arrest warrant, um, for an individual, they need to make sure that, um, let's see, when issuing an arrest warrant for an individual. Um, so because it can involve state, county, or local law law enforcement authorities, they just wanted to make it clear where the requirements are. And then fourth, it requires the Bureau of Criminal identification to submit any arrest warrant that is issued must also be submitted to the National Crime Information Center. I guess just to make sure everyone knows, um, the history of this, this individual. So those are the changes that this bill brings about, and that is, that concludes my presentation.

Mr. Chair, I may ask just a question regarding the fee. Could you explain that just a little bit more? Because I know there's just a lot of eyes and interest on fees. This particular legislative session. You know, we do try to make sure as a state rule, you know, fees should be commiserate with the cost, right? Um, actually $50 has never really begun to cover the costs of, of making arrangements for, um, a probationer or parolee to go out of state. But $90 at least, um, I believe they believe that will help them recoup some of the costs that, that they incur as they try to facilitate that transfer. So, I don't know, would you like someone from UDC to maybe explain more about that?

but, um, I'm Josh Draper. I'm the assistant chief with Adult Probation Parole Department of Corrections. Um, so what that fee covers, um, is administrative fees for the actual database that we track. The national, the, the compact offenders that either come in or go out. Um, part of it is applied to that. And then the other part of that is applied to extradition costs when we have to go pick people up. Um, so if we send them out, um, at times they will get warrants listed, um, nationally and we, we are responsible or the local agency that arrested them are responsible for going and picking them up and bringing them back. And, you know, with recidivism rates, that's probably a pretty good number. I don't know Yeah, what percentage you, you often need to do that with, but Yeah. And honestly there are certain, there are certain times where, um, we're required to go pick them up based on what those violations of their probation or parole are. Um, and then there are certain times where the other states can request that we go pick them up depending on the severity of the offense or violation. Hope that clarifies.

Um, I move that we pass out HB 1 34 offender transfers amendments. Um, first substitute with a favorable recommendation In order. Would you like to speak to it? I waive. Okay.

Thank you, Mr. Chair and committee again. Um, this bill was needed. It's, I don't know if you would call it, I don't know the definition of a cleanup bill, but it was needed to meet the needs of our interstate compact commission. They, I think they kind of save up over a few years of things that would really help them in their job. Um, the only major change in it really is that we are increasing the fee for an a Utah person on probation or parole to transfer to another state. It has always been $50, which is very, very, very low. Um, and it's going up to just $90. And of course, it's purely voluntary if a person wants to transfer. So it's not as though we're instituting a fee that people have to pay. But, um, it's also not a true increase because it ke it's based upon inflation over that period of time. It's still a great deal if someone wants to leave the state for any reason. Um, other than the fee change, it clarifies who may apply for the transfer or when they may apply. And it enacts requirements to issue an arrest warrant if they violate parole out of state. And it also coordinates with warrant and BBC the warrant with BCI and the National Crime Information Center. So, um, that's really what the bill does. And with that, I'm open for questions.

Chair members of the committee. My name is Felix Espinoza and I'm here on behalf of Utah for rational sex offense laws in opposition to HP 1 34. This is not a cleanup bill. Raising the interest, uh, transfer application 80% from 50 to $90 is not a technical change, is a policy policy choice with real consequences for real people. An $90 fee with no waiver provision can block the path for someone who is indigent. No savings, no family support, no transfer, and potentially no job, no treatment, no family stability. We know from research and the financial barriers in the criminal justice system contribute directly to recidivism. This bill contains no hardship waiver, no graduated payment option, and no relief whatsoever. The NCIC reporting mandate is consequential warrants mission to the National Crime Information Center affects employment, background checks, traffic stops, housing applications. This bill as written, contains no provisions for timely removal of satisfied warrants, no data accuracy verification, no individual notification. There are no minor details. They are due process safety concerns. The fix here is straightforward. We ask this committee to add three things before advancing this bill. An indigent fee waiver provision, disaggregated administrative and extradition cost reporting, and NCIC data accuracy and removable protections. None of these amendments are radical. They exist in other states and other Utah statutes already. HB 1 34 contains legitimate procedural improvements. We do not oppose those, but legitimate administrative goals should not advance on the backs of those who cannot afford a fee. Thank you.

Okay, thank you. I recommend that we pass out with a favorable recommendation house Bill 1 34 to the full body of the Senate.

I will. I would just say that, yeah, um, the fee is that much like I said, because of inflation, but also there are costs involved with transferring out of state. And also if we need to go pick up an offender out of state who has reoffended, which is quite common, that's the reason for the fee increase, but it's mostly inflation.

First substitute House bill 1 34. Offender transfer amendments by Representative Acton. This bill was served in law enforcement and criminal justice with the vote of 9 0 2

Thank you, Mr. Speaker. Uh, this bill, HB 1 34 is it Concerns offender transfer with the Interstate Compact Commission. This bill was needed to meet the needs of the Interstate Compact Commission. The only major change in the bill is that there is an increase in the fee that, um, a person in Utah who's on probation or parole must pay to transfer to another state. And the reason for that is now my ears perked up. I don't like fees, and I always try to avoid fees, but this fee has been in place for over 20 years, and just with its inflationary pressure and so forth, it's gone up from 50 to $90. And of course, it's purely voluntary. We don't force anyone to leave the state. So if they want to leave the state, that's the fee. Um, it is still a great deal given the cost to the state to arrange the transfer. And also, um, if someone re-offend in the other state and we have to go bring them back, that's very expensive. So other than the fee change, though, it clarifies when they may apply for a transfer. It enacts requirements to issue an arrest warrant if they violate parole out of state, and they're already, it's kind of vague, so it's just clarifying that as well. And it coordinates our warrant, um, with BCI and the National Crime Information Center. So, again, it's all kind of correlated, but it's not in, uh, it's not as clear as it could be. So that's the thing. Those are the things that this bill does, and I'm open for any questions.

Oh, uh, thank you. Discussion to the bill.

Thank you. I I just appreciate your support. Thank you.

Thank you Mr. President Pro tem. I move that house. Bill 3 1 4 firearm purchase amendments be passed.

Excuse me, I have the, I had the wrong title. I I move that. HB 1 34 offender Trent, hold on.

I apologize.

Let me present this bill. This bill was, uh, requested by the Interstate Compact Commission. What we're doing is we're clar clarify some of our best practice, like when a person may apply to transfer to another state, when to issue an arrest warrant if they violate parole outta state coordinating warrants with BCI and the National Crime Information Center, the only major change is increases the fee for a person in Utah on probation or parole to transfer supervision to another state. The fee's always been $50 but they are increasing it to $90 due to inflation over the decade since the fee was set decision to transfer and incur the fee is totally voluntary. Since we do not force anyone to leave, the fee reflects the cost of arranging the transfer and going to pick up a person outta state if they should re-offend. Imagine how expensive that can be with that. I'll be glad to yield to questions. Thank you.

Thank you for your patience and grace With that, uh, I move that we pass House Bill 1 34 offender transfer amendments with a fa uh, pass it through.