Utah Code § 78A-7-124 — Utah Code / Title 78A / Chapter 78A-7 / § 78A-7-124
§ 78A-7-124. STEP Supervision Program -- Criteria for participation.
Status: in_force

(1) As used in this section: (a) "Eligible offense" means a probation-eligible offense for which the court determines substance use is a contributing factor. (b) "Graduated sanction" means accountability measures and programs including: (i) electronic supervision; (ii) drug and alcohol testing; (iii) day or evening reporting centers; (iv) restitution centers; (v) forfeiture of earned compliance credits; (vi) rehabilitative interventions, including substance use treatment or mental health treatment; (vii) requirements to report to a supervision officer; (viii) community service; (ix) compulsory participation in a residential treatment facility; and (x) short-term or intermittent incarceration. (c) "Judicial Council" means the Judicial Council established by Utah Constitution, Article VIII, Section 12. (d) "Positive reinforcement" means incentives including: (i) awarding of a certificate of achievement; (ii) reducing reporting requirements; (iii) deferring fees; (iv) awarding earned compliance credits; (v) removing supervision conditions, including home detention or curfew; and (vi) opportunity to participate in mentorship programming. (e) "Sexual offense" means: (i) a sexual offense under Title 76, Chapter 5, Part 4, Sexual Offenses; or (ii) a sexual exploitation offense under Title 76, Chapter 5b, Part 2, Sexual Exploitation. (f) "STEP Supervision Program" means the Structured Treatment and Enforcement Pathway Supervision Program that may be established under Subsection (2). (g) (i) "Violent criminal offense" means any criminal offense involving violence or physical harm or threat of violence or physical harm. (ii) "Violent criminal offense" includes a domestic violence offense as that term is defined in Section 77-36-1. (2) A justice court in a county of the first or second class may establish a Structured Treatment and Enforcement Supervision Program: (a) with the approval of the Judicial Council; and (b) if sufficient local government resources exist to fund and operate the STEP Supervision Program. (3) A justice court that establishes a STEP Supervision Program under this section may establish eligibility requirements for participation in the STEP Supervision Program that are: (a) not inconsistent with this section; and (b) approved by the Judicial Council. (4) A STEP Supervision Program shall include: (a) graduated sanctions and positive reinforcement; (b) requirements that an individual ordered to the STEP Supervision Program: (i) maintain employment, maintain enrollment in educational programming, or actively seek employment during the individual's participation in the STEP Supervision Program, unless otherwise ordered by the justice court judge; (ii) submit to regular and randomized drug and alcohol testing; (iii) regularly report to a probation officer or other supervision officer as ordered by the justice court judge; and (iv) if indicated by a substance abuse assessment and evaluation, participate in a court-approved substance abuse treatment plan, which may include medication assisted treatment; and (c) continuous judicial supervision using a cooperative approach with prosecuting attorneys, defense counsel, corrections, and substance abuse treatment services, as appropriate, to promote public safety, protect participants' due process rights, and integrate substance abuse treatment with justice system case processing. (5) (a) Subject to Subsection (5)(b), a justice court may order an individual to the STEP Supervision Program if: (i) the individual has plead to, or been convicted of, an eligible offense; (ii) the individual meets other eligibility requirements the court establishes under a STEP Supervision Program as approved by the Judicial Council; and (iii) the individual: (A) consents to participation in the STEP Supervision Program; and (B) agrees to submit to graduated sanctions and positive reinforcement. (b) An individual is ineligible for the STEP Supervision Program if the individual has pending charges, in a case in any court, of: (i) a violent criminal offense; or (ii) a sexual offense.