H.B. 230 Offender Amendments: transcript

House bill two 33rd, substitute Representative Ballard. Thank you so much Mr. Chair and committee members. This is fun to have a law enforcement committee bill in here. Right, so the reason why it does relate to this is right now corrections is required to help inmates get a driver's license or an ID before they leave corrections. But many of their, um, their inmates actually are in county jails, and so that makes it difficult for them to actually abide by the law that this legislative body has put in place. In talking with the jail sheriffs, they actually are really wanting to help all of their inmates if they're there for an extended period of time. So we put anything beyond six months that they could do this. And I appreciate the driver's license division because this bill also offers for the jails to do virtual options for those that just need a renewal, um, or replacement. It does not provide or require that the jails transport them to driver's license division or do driver's tests, but they can give them what UDC does, which is a coupon if they need to go take the driving test as part of it. If you do any reentry symposium or reenactment, the number one obstacle is getting an ID after leaving incarceration. So this is very welcomed by all the sheriffs and jails and, um, law enforcement. And the second thing it does is right now there is a gap at UDC that, um, when a parolee or someone on probation is required to take drug tests, the results of that are not always given back to UDC. So this closes that loop because if they are under contract UDC or the, the county over overseeing their case should be able to know if they failed a drug test. The third thing is, is requiring, um, day to go to CCJJ to report inmate or parolee housing. Again, one of the obstacles is, is really knowing as parolees are very transient, what's being helpful, what's helpful, what's not. So this is really, um, facilitating, preventing recidivism since we pay about $65,000 per inmate a year. That concludes my presentation. It's loved by everyone

Yeah, I like the bill on that. Um, the physical note says it's gonna be an ongoing cost of, uh, $4,500. Now, if these inmates are in the county jails, is that revers reimbursable to the counties or is the state just going to do the training and, and handle this?

Um, because the driver's license division is the one that the initial cost is putting the ITEST in there, really it's streamlined when talking with the sheriffs, they're, they're really excited because they can put a lot of this information on their tablets that they're already incorporating as far as them applying or requesting that. So it's, it's, it's really becomes a seamless process.

Uh, Steve Burton from the Utah Defense Attorney Association. We just want to express our appreciation, uh, for Representative Ballard to try to figure out, um, common sense ways to, um, make our state safer and at the same time help those people who are trying to stay out of the criminal justice system in the long run. And, uh, this just seems like a common sense approach to do that. We don't want people to, um, the minute that they get out of jail or prison to not be able to, uh, rent an, uh, a room or be able to drive to treatment. So these are the types of common sense things that I think will make a, a huge difference in the long run.

Thank you Mr. Chair. I'd like to send house Bill two 30 offender amendments out with a favorable re recommendation.

Loved by all. Senator Rebe, Thank you so much for the work you do in this realm. It's so important for the people who are trying to, you know, take another step into the world that they have this kind of help. So thank you so much for the work you're doing here.

A final motion? Motion to adjourn. Motion to adjourn.

Thank you, Mr. Chair. Um, I'm actually speaking to the second substitute of this bill. Um, I just wanna say I work closely with the driver's license division and the Department of Public Safety and also, uh, the sheriff's. Apparently today on the Capitol Hill, we have one sheriff in the house, so he will be maybe over here, maybe not. We'll see. Um, so offender amendments, HB two 32nd substitute does a few things. Number one, it provides the opportunity for jails, uh, for those offenders who are there for longer periods of time, longer than six months for them to help reissue, uh, or renew existing driver's licenses. The second sub actually provides a virtual option, which makes it much more feasible for the driver's license division to not have to travel around. Um, and this is really important because if you ever go to any reentry symposium or reenactment or, or what it may be, the number one issue is getting your, your driver's license renewed. So, uh, we talked about a lot of great ways that these jails could now facilitate this, and also in partnership with the Department of Corrections, because there's maybe two or three offenders, uh, a month that get released from the county jails rather than the correctional facility. And corrections is required by law too, um, to help them get that driver's license before they leave. So this is really aligning our jails and our correctional facility, uh, to help accomplish this. And, um, and also for them even upfront, um, what's not in here is really the, the jails to help facilitate when they arrive, to know what fees they owe or what may be required, um, instead of just the day before they leave to try to issue a driver's license or to help to do that. The second thing is allowing, um, the, the probation officers to actually do the same, to help fill their duties. When, uh, there's someone on parole who is required to have drug testing, right now we are not getting those drug tests results. It's very difficult. So this legislation does two things. Number one, upon this bill passing immediately. Um, those who have contracts in parole would need to sign a HIPAA waiver so that those, that health information of the drug test results can be given to corrections since they're still under that umbrella. And, uh, also for those parole officers to be able to request those of any of the, um, the, the groups that are, are facilitating that, because that is part of the contracts of parolee is if they are there and need to do those drug tests, it needs to be facilitated. And right now it has been difficult. Um, there have been, uh, there was, uh, recently there was very public, um, display of the challenge of this, of a, someone who was on parole who had actually failed their drug test, did not inform the parole officers of the failed drug test. And, and, um, weeks later, um, two children were killed as a result of them driving under the influence. So that's the second thing. Driver's license, uh, drug test. Um, the third thing is for, for parole, um, yearly for them to report to CCJJ what the housing status is for those who are on parole. Uh, again, if you go to the reentry, um, symposiums, the question is where are you going to be housed? What are you gonna do? And one of the conditions on being released from parole is actually have a cons having a consistent place to live. And so for 90% of those who are in the state custody, for them to get out of the UDC corrections, f uh, umbrella, 90% of them rely on successful parole. So if parole is going to be successful, we need to start measuring how it's being implemented or what the biggest barriers are. So for them, uh, they're already supposed to be tracking where the parolee is living. And so this is a systematic way of really tracking is there consistency? Um, are the things that we are doing to help, is it working or not? So I think that report is really important. The fourth thing is when, uh, corrections does have a digital communication back and forth with family members for emails or messaging, whatever it may be, they will actually have under this bill 12 months to create a way for digital attorney-client privilege. One of the challenges we face in the correctional facility is the attorneys right now are sending hard copies to the inmates, um, for privacy, but UDC is not able to screen those for drugs or for other paraphernalia because of attorney-client privilege. And so I think this, uh, measure of, if we're doing digital communications of having a secure portal for them to communicate back and forth, hopefully will also reduce the amount of hard copy paraphernalia that we're getting inside of the drugs or inside of the prison. Uh, the fifth thing is requiring that corrections, um, actually report what they are doing for incentives for inmates, um, either for paying off fees, fines of any kind, um, and also the time cut, uh, incentives they have. And I had a great conversation with, um, one of our sheriffs who in their jails, they have a lot of very, um, open conversations and incentives for them to, to eliminate, for example, from the driver's license fees, ways that they can have good behavior or earn to have those fees waived. And I think I, well, I did encourage the sheriffs to get together, share what some of those incentives are, share with UDC and if there are some that we can streamline as they're moved from facility to facility, I think that would be great. Um, but I think it's really important if we want to improve the outcome of, of offenders, we want them to, while they're incarcerated, to start paying the restitution, paying their fees off, having good behavior, it saves our security, um, it provides for better culture instead of getting out and being overwhelmed with all that. So those are the five things that are included in this bill. And just wanna, uh, appreciate the input again that I had from, from, uh, the sheriff's and also from the Department of Public Safety and also from UDC for this bill.

That concludes my presentation.

Correct. I'd like to move. Second substitute.

Move that we pass this out with a favorable recommendation as substituted?

Uh, just seems like there's a lot of good info on here in terms of things that are needed to help with our incarcerated population corrections.

to the Senate for further consideration matter. Meeting clerk Second substitute house bill two 30. Offender amendments by Representative Ballard. This bill was heard in law enforcement and Criminal justice with the vote. 7 0 4.

Representative Ballard Motion to motion to adopt third sub.

Uh, just a couple of things that the driver's license division wanted to clarify.

Thank you Mr. Speaker. This, uh, bill offender amendments does three things. The first one is, is it closes a really important loophole right now. Parolees, if they are required as part of their contract to do a drug test, they, those tests results are not necessarily getting back to UDC. Uh, there are a couple loopholes. They now under this bill have to sign a HIPAA waiver regardless if this is part of their contract, so that UDC can actually get the results of their drug tests and have the consequences or opportunities, uh, associated therein. The second thing is, is, uh, corrections is required to help get identifications of the inmates before they leave their facility upon reentry. But many of our, uh, inmates are actually out in the jails. So this also facilitates the jails, uh, being able to work to help, uh, those who are there longer than six months in their facilities to get a driver's license. The number one thing, whenever you go to a reenactment or symposium of the problems with the entry is having identification. So whether it's a driver's license or a state id, now our jails are, are totally on board. Sheriffs are excited because the driver's license division can help also do virtual, um, verification for those IDs. And the third thing is, uh, regarding, uh, housing for parolees and also for UDC is there now actually has to be a report of, uh, where the parolees are staying so that we can identify if there's, uh, effective housing or, uh, opportunities that are given or where we really find recidivism taking place. That that's the offender amendments.

Thank you Mr. Speaker. Will the sponsor yield to a series of questions? Representative Ballard will yield to a series of questions.

Thank you. I think that this bill sounds like a, an important idea to make sure that people have IDs and I think I understand the reason behind it, but I have a couple of concerns that I'd like to be put to rest before I could vote for it First. Um, will they actually do drive time while they are incarcerated in jail for these driver's license?

Uh, Mr. Speaker? No, that is actually, uh, not an option. We don't wanna be transporting, uh, inmates back and forth. If an driver's license needs to be renewed, it does not require a new driving test. So that would be, uh, omitted from that. If this, if they do need a driver's test for whatever reason, they would actually get a certificate that they could get a free driving test, uh, that the UDC already pays for right now, uh, for them to go and get that at any of their, uh, DMVs.

Okay. Thank you. And then my next question is, um, when they are incarcerated and getting these IDs and licenses, are they going to be allowed to register to vote?

Um, this doesn't change that. Uh, right now the opportunity is if you are not incarcerated and not under the care of parole, um, uh, then you are eligible to to vote. So this does not change that. Thank

You. And then finally, um, what if they are incarcerated but not legal citizens? Would this change any of that for them? As far as identification goes?

It specifically says in the bill, Mr. Speaker, that, that, uh, if they are not legal citizens, then they are not issued a driver's license.

Thank you. I must have missed that part. I appreciate the answers.

You Mr. Speaker, I move to encircle First substitute house bill 58 Insurance code amendments.

Uh, just a couple of things that the driver's license division wanted to clarify.

Thank you Mr. Speaker. This, uh, bill offender amendments does three things. The first one is, is it closes a really important loophole right now. Parolees, if they are required as part of their contract to do a drug test, they, those tests results are not necessarily getting back to UDC. Uh, there are a couple loopholes. They now under this bill have to sign a HIPAA waiver regardless if this is part of their contract, so that UDC can actually get the results of their drug tests and have the consequences or opportunities, uh, associated therein. The second thing is, is, uh, corrections is required to help get identifications of the inmates before they leave their facility upon reentry. But many of our, uh, inmates are actually out in the jails. So this also facilitates the jails, uh, being able to work to help, uh, those who are there longer than six months in their facilities to get a driver's license. The number one thing, whenever you go to a reenactment or symposium of the problems with the entry is having identification. So whether it's a driver's license or a state id, now our jails are, are totally on board. Sheriffs are excited because the driver's license division can help also do virtual, um, verification for those IDs. And the third thing is, uh, regarding, uh, housing for parolees and also for UDC is there now actually has to be a report of, uh, where the parolees are staying so that we can identify if there's, uh, effective housing or, uh, opportunities that are given or where we really find recidivism taking place. That that's the offender amendments.

Thank you Mr. Speaker. Will the sponsor yield to a series of questions? Representative Ballard will yield to a series of questions.

Thank you. I think that this bill sounds like a, an important idea to make sure that people have IDs and I think I understand the reason behind it, but I have a couple of concerns that I'd like to be put to rest before I could vote for it First. Um, will they actually do drive time while they are incarcerated in jail for these driver's license?

Uh, Mr. Speaker? No, that is actually, uh, not an option. We don't wanna be transporting, uh, inmates back and forth. If an driver's license needs to be renewed, it does not require a new driving test. So that would be, uh, omitted from that. If this, if they do need a driver's test for whatever reason, they would actually get a certificate that they could get a free driving test, uh, that the UDC already pays for right now, uh, for them to go and get that at any of their, uh, DMVs.

Okay. Thank you. And then my next question is, um, when they are incarcerated and getting these IDs and licenses, are they going to be allowed to register to vote?

Um, this doesn't change that. Uh, right now the opportunity is if you are not incarcerated and not under the care of parole, um, uh, then you are eligible to to vote. So this does not change that. Thank

You. And then finally, um, what if they are incarcerated but not legal citizens? Would this change any of that for them? As far as identification goes?

It specifically says in the bill, Mr. Speaker, that, that, uh, if they are not legal citizens, then they are not issued a driver's license.

Thank you. I must have missed that part. I appreciate the answers.

So what this does is, uh, oftentimes inmates who leave county jails, uh, don't have, uh, they'll, they're oftentimes have no id or they have no ability to share drug tests that they're required to share with their, uh, parole, uh, parole officers. And so what this does is as they're leaving county jails, it provides a program that gets them ID so that they have a state issued driver's license or identification. Um, and then it also provides HIPAA releases so that any drug test that they take can be requested by their parole officer. Uh, you know, we definitely want people to be in compliance, both in terms of ID and in terms of drug testing. And if it's just a matter of, you know, they oftentimes they struggle with this type of, uh, procedural impact. This isn't about their behavior, it's about a, a hurdle that is preventing them from reintegrating into society. And so this, while we have them in our custody, this allows for an easy method to bring them into compliance for both identification purposes and drug compliance. And with that, I'm open to any questions.

Thank you Mr. President. Um, I just have a clarifying question on line 444, that is not new code, that's just code inserted into this section of code. Senator Brammer, will you yield?

Sure, go ahead to the an to the question.

Was there a question in that? Yes. Uh, line 444 down to line 473. I just wanna make sure that we're not changing any code here 'cause I like this bill, but I just wanna make sure that this is original code inserted into a different part of code.

Yeah, this is original code that's in existence. It's not any of the part that's changed. So

Thank you. I appreciate this Bill. Thank you for the work you do.

I'll call the question. Thank you.

Senator Vickers Baldy Aye. Lewin aye. B Brammer. Aye. Bus. Hello, Lamore. Escamia Fillmore Aye. Grover Harper Kinins Ipson Johnson. Juab McKay. Mikel Milner Mussman Owens pitcher Plum Rebi Sandal Stevenson Stratton Vickers Aye. Weiler Aye. Wilson. Aye.

Winterton President Adams Aye. Third

Thank you Mr. President. Motion to table third substitute house bill two 30 on third for physical impact.

Mr. President I move UNC Circle third, substitute house Bill 38.

Thank you very much. So, as people are exiting our prisons, uh, there's a, there's a problem where oftentimes they don't have state id and so this provides that prisoners will, that the department will take them, help them get id, issue id, and then it's a lot easier for them to hold down a job. To get a job. It also provides that they will, that any testing will be shared back with the Department of Corrections. So essentially there's a problem on like hipaa, where oftentimes a parole, uh, a parole officer won't get the test results back due to HIPAA and other privacy concerns. So this asks them to pre, uh, fill out the HIPAA forms and the privacy forms so that their parole officers can get information as to whether they're in compliance or not. We think this will help them maintain jobs, help them stay off of bad lists, like being in a par, being a parole violation, uh, offender, and ultimately help them reintegrate into society. And that's the substance of the bill. I'm open to any questions?

Yeah, I would move. Uh, I'll call the question on the HB two 30.