53-29-206. Twenty-year petition for removal from registry -- Eligibility.

530 words·~2 min read·/ut/title-53/chapter-29/53-29-206

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/7/2025

(1)An offender who is required to register on the registry for a registrable offense subject to a lifetime registration period described in Subsection 53-29-203(1)(b) is eligible to petition the court under Section 53-29-207 for an order of removal from the registry at a 20-year entrance into the community period described in Subsection

(2)if:

(a)the offender has not been convicted of another offense that is a class A misdemeanor, felony, or capital felony within the most recent 20-year period after the date described in Subsection

(2), as evidenced by a certificate of eligibility issued by the bureau;

(b)the offender successfully completed all treatment ordered by the court or the Board of Pardons and Parole relating to the offense;

(c)the offender has paid all restitution ordered by the court or the Board of Pardons and Parole relating to the offense; and

(d)the offender submits to an evidence-based risk assessment that:

(i)meets the standards for the current risk assessment, score, and risk level required by the Board of Pardons and Parole for parole termination requests;

(ii)is completed within the six months before the date on which the petition is filed; and

(iii)describes the evidence-based risk assessment of the current level of risk to the safety of the public posed by the offender.

(2)An offender who qualifies under Subsection

(1)may petition the court under Section 53-29-207 for an order of removal from the registry if 20 years have passed after the later of the following events in which the offender has entered into the community:

(a)the day on which the offender was placed on probation;

(b)the day on which the offender was released from incarceration to parole;

(c)the day on which the offender's sentence was terminated without parole;

(d)the day on which the offender entered a community-based residential program; or

(e)for a minor, as defined in Section 80-1-102 , the day on which the division's custody of the offender was terminated.

(3)An individual who is an offender under Section 53-29-202 based on a conviction in an external jurisdiction for a registrable offense or a substantially equivalent offense, and is required to register on the external jurisdiction's sex, kidnap, or child abuse offender registry, or an equivalent registry, may petition for removal from the registry in accordance with the requirements of this section if the individual:

(a)is required to register on the external jurisdiction's sex, kidnap, or child abuse offender registry, or an equivalent registry, for the individual's lifetime;

(b)meets the requirements described in Subsections (1)(a) through

(d);

(c)has resided in this state for at least 183 days in a year for two consecutive years;

(d)intends to primarily reside in this state; and

(e)the offender has received an order from a court in the external jurisdiction where the offender was initially required to register on a sex, kidnap, and child abuse registry, or an equivalent registry, that authorizes the offender to be removed from the Sex, Kidnap, and Child Abuse Offender Registry.

Enacted by Chapter 291 , 2025 General Session