§ 53-29-302 — Law enforcement and agency responsibilities related to the registry.

(1) As used in this section:
(1)(a) "Dynamic factors" means an individual's individual characteristics, issues, resources,or circumstances that:
(1)(a)(i) can change or be influenced; and
(1)(a)(ii) affect the risk of:
(1)(a)(ii)(A) recidivism; or
(1)(a)(ii)(B) violating conditions of probation or parole.
(1)(b) "Multi-domain assessment" means an evaluation process or tool that reports in quantitative and qualitative terms an offender's condition, stability, needs, resources, dynamic factors, and static factors that affect the offender's transition into the community and compliance with conditions of probation or parole.
(1)(c) "Static factors" means an individual's individual characteristics, issues, resources, or circumstances that:
(1)(c)(i) are unlikely to be changeable or influenced; and
(1)(c)(ii) affect the risk of:
(1)(c)(ii)(A) recidivism; or
(1)(c)(ii)(B) violating conditions of probation or parole.
(2) A law enforcement agency shall, in the manner prescribed by the department, inform the department of:
(2)(a) the receipt of a report or complaint of a registrable offense, within three business days after the day on which the law enforcement agency received the report or complaint; and
(2)(b) the arrest of an individual suspected of a registrable offense, within five business days after the day on which the law enforcement agency arrested the individual.
(3) The Department of Corrections shall:
(3)(a) register an offender in the custody of the Department of Corrections with the department upon:
(3)(a)(i) placement on probation;
(3)(a)(ii) commitment to a secure correctional facility operated by or under contract with the Department of Corrections;
(3)(a)(iii) release from confinement to parole status, termination or expiration of sentence, or escape;
(3)(a)(iv) entrance to and release from any community-based residential program operated by or under contract with the Department of Corrections; or
(3)(a)(v) termination of probation or parole; and
(3)(b) (3)(b)(i) for an offender convicted after May 7, 2025, of an offense committed in this state that requires the individual to register as a sex offender, conduct, if available, multi-domain assessments that are validated for the population and offense type of the offender to inform the treatment and supervision needs of the offender; and
(3)(b)(ii) 30 days after the day on which a calendar quarterly period ends, submit the results of any risk assessments completed under Subsection (3)(b)(i) during the preceding quarter to the State Commission on Criminal and Juvenile Justice.
(4) The sheriff of the county in which an offender is confined shall register an offender with the department, as required under this chapter, if the offender is not in the custody of the Department of Corrections and is confined in a correctional facility not operated by or under contract with the Department of Corrections upon:
(4)(a) commitment to the correctional facility; and
(4)(b) release from confinement.
(5) (5)(a) Except as provided in Subsection (4)(b), if an offender is sent on an assignment outside a secure facility, including being assigned for firefighting or disaster control, the official who has physical custody of the offender shall, within a reasonable time after the day of the offender's removal from the secure facility, notify the local law enforcement agencies where the offender is assigned.
(5)(b) Subsection (4)(a) does not apply to an offender temporarily released from a secure facility setting who is under the supervision of a correctional facility official.
(6) The division shall register an offender in the custody of the division with the department, as required under this chapter, before the offender's release from custody of the division.
(7) A state mental hospital shall register an offender committed to the state mental hospital with the department, as required under this chapter, upon the offender's admission and upon the offender's discharge.
(8) (8)(a) A municipal or county law enforcement agency shall register an offender who resides within the agency's jurisdiction and is not under the supervision of the Division of Adult Probation and Parole within the Department of Corrections.
(8)(b) A municipal or county law enforcement agency may conduct offender registration under this chapter, if the agency ensures that the agency's staff responsible for registration:
(8)(b)(i) have received initial training by the department and have been certified by the department as qualified and authorized to conduct registrations and enter offender registration information into the registry database; and
(8)(b)(ii) annually certifies with the department.
(9) An agency in the state that registers with the department an offender on probation, an offender who has been released from confinement to parole status or termination, or an offender whose sentence has expired, shall inform the offender of the duty to comply with the continuing registration requirements of this chapter during the period of registration required in Section 53-29-203, including:
(9)(a) notification to the state agencies in the states where the registrant presently resides and plans to reside when moving across state lines;
(9)(b) verification of address at least every 60 days pursuant to a parole agreement for lifetime parolees; and
(9)(c) notification to the out-of-state agency where the offender is living, regardless of whether the offender is a resident of that state.

Legislative History

Enacted by Chapter 291, 2025 General Session