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H.B. 237 Enrolled

                 

SPOUSE ABUSE AMENDMENTS

                 
2002 GENERAL SESSION

                 
STATE OF UTAH

                 
Sponsor: Gerry A. Adair

                  This act modifies the Code of Criminal Procedure to require that domestic violence offenders
                  be required to attend and satisfactorily complete a domestic violence treatment program as
                  a part of their sentence, unless a program is not reasonably available or the court finds the
                  treatment not necessary.
                  This act affects sections of Utah Code Annotated 1953 as follows:
                  AMENDS:
                      77-36-5, as last amended by Chapter 318, Laws of Utah 1996
                  Be it enacted by the Legislature of the state of Utah:
                      Section 1. Section 77-36-5 is amended to read:
                       77-36-5. Sentencing -- Restricting contact with victim -- Electronic monitoring --
                  Counseling -- Cost assessed against defendant.
                      (1) When a defendant is found guilty of a crime and a condition of the sentence restricts
                  the defendant's contact with the victim, an order may be issued or, if one has already been issued,
                  it may be extended for the length of the defendant's probation. The order shall be in writing, and
                  the prosecutor shall provide a certified copy of that order to the victim.
                      (2) In determining its sentence the court, in addition to penalties otherwise provided by
                  law, may require the defendant to participate in[: (a)] an electronic monitoring program, as
                  described in Section 30-6-4.8 , in accordance with the provisions of that section[; and].
                      [(b) treatment or therapy in a domestic violence treatment program, as defined in Section
                  62A-2-101 , licensed by the Department of Human Services.]
                      (3) The court may also require the defendant to pay all or part of the costs of counseling
                  incurred by the victim, as well as the costs for defendant's own counseling.
                      (4) The court shall:
                      (a) assess against the defendant, as restitution, any costs for services or treatment provided
                  to the abused spouse by the Division of Child and Family Services under Section 62A-4a-106 [.

                  The court shall]; and
                      (b) order those costs to be paid directly to the division or its contracted provider.
                      (5) The court shall order the defendant to obtain and satisfactorily complete treatment or
                  therapy in a domestic violence treatment program, as defined in Section 62A-2-101 , that is licensed
                  by the Department of Human Services, unless the court finds that there is no licensed program
                  reasonably available or that the treatment or therapy is not necessary.

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