Collection of pretrial information.

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  • (1) On or after May 4, 2022, when an individual is arrested without a warrant for an offense and booked at a jail facility, an employee at the jail facility, or an employee of a pretrial services program, shall submit the following information to the court with the probable cause statement to the extent that the information is reasonably available to the employee:
    • (a) identification information for the individual, including:
      • (i) the individual's legal name and any known aliases;
      • (ii) the individual's date of birth;
      • (iii) the individual's state identification number;
      • (iv) the individual's mobile phone number; and
      • (v) the individual's email address;
    • (b) the individual's residential address;
    • (c) any pending criminal charge or warrant for the individual, including the offense tracking number of the current offense for which the individual is booked;
    • (d) the individual's probation or parole supervision status;
    • (e) whether the individual was on pretrial release for another criminal offense prior to the booking of the individual for the current criminal offense;
    • (f) the individual's financial circumstances to the best of the individual's knowledge at the time of booking, including:
      • (i) the individual's current employer;
      • (ii) the individual's monthly income, including any alimony or child support that contributes to the individual's monthly income;
      • (iii) the individual's monthly expenses, including any alimony or child support obligation that the individual is responsible for paying;
      • (iv) the individual's ownership of, or any interest in, personal or real property, including any savings or checking accounts or cash;
      • (v) the number, ages, and relationships of any dependents;
      • (vi) any financial support or benefit that the individual receives from a state or federal government; and
      • (vii) any other information about the individual's financial circumstances that may be relevant; and
    • (g) any ties the individual has to the community, including:
      • (i) the length of time that the individual has been at the individual's residential address;
      • (ii) any enrollment in a local college, university, or trade school; and
      • (iii) the name and contact information for any family member or friend that the individual believes would be willing to provide supervision of the individual.
  • (2) Upon request, the jail facility, or the pretrial services program, shall provide the information described in Subsection (1) to the individual, the individual's attorney, or the prosecuting attorney.
  • (3) Any information collected from an individual under Subsection (1) is inadmissible in any court proceeding other than:
    • (a) a criminal proceeding addressing the individual's pretrial release or indigency for the offense, or offenses, for which the individual was arrested or charged with; or
    • (b) another criminal proceeding regarding prosecution for providing a false statement under Subsection (1).
  • (4) Nothing in this section prohibits a court and a county from entering into an agreement regarding information to be submitted to the court with a probable cause statement.




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