Section 77-41-103 - Department duties(1) The department, to assist law enforcement in investigating kidnapping and sex-related crimes and in apprehending offenders, shall: (a) develop and operate a system to collect, analyze, maintain, and disseminate information on offenders and sex, kidnap, and child abuse offenses;(b) make information listed in Subsection 77-41-110(4) available to the public; and(c) share information provided by an offender under this chapter that may not be made available to the public under Subsection 77-41-110(4), but only:(i) for the purposes under this chapter; or(ii) in accordance with Section 63G-2-206.(2) A law enforcement agency shall, in the manner prescribed by the department, inform the department of: (a) the receipt of a report or complaint of an offense listed in Subsection 77-41-102(1), (11), or (19), within three business days; and(b) the arrest of an individual suspected of an offense listed in Subsection 77-41-102(1), (11), or (19), within five business days.(3) Upon convicting an individual of an offense listed in Subsection 77-41-102(1), (11), or (19), the sentencing court shall within three business days forward a signed copy of the judgment and sentence to the Sex, Kidnap, and Child Abuse Offender Registry office within the department.(4) Upon modifying, withdrawing, setting aside, vacating, or otherwise altering a conviction for an offense listed in Subsection 77-41-102(1), (11), or (19), the court shall, within three business days, forward a signed copy of the order to the Sex, Kidnap, and Child Abuse Offender Registry office within the department.(5)(a) Subject to Subsection (5)(b), the department may intervene in any matter, including a criminal action, where the matter purports to affect an individual's registration requirements under this chapter.(b) Except as provided in Subsection (5)(c), the department may only file a motion to intervene under Subsection (5)(a) within 60 days after the day on which: (i) the sentencing court enters a judgment or sentence against an individual for an offense listed in Subsection 77-41-102(1), (11), or (19), if the details of the written plea agreement, judgment, or sentence indicate that the individual's registration requirements under this chapter could be affected; or(ii) a court modifies, withdraws, sets aside, vacates, or otherwise alters an individual's conviction for an offense listed in Subsection 77-41-102(1), (11), or (19), affecting the individual's registration requirement under this chapter and the written plea agreement, judgment, or sentence entered at the time the individual was sentenced did not indicate that the individual's registration requirement could be affected.(c) For a judgment or sentence, or other court order modifying, withdrawing, setting aside, vacating, or otherwise altering an individual's conviction for an offense listed in Subsection 77-41-102(1), (11), or (19), affecting the individual's registration requirement under this chapter that was entered on or before July, 1, 2024, the department may file a motion to intervene before November 1, 2024.(6) The department shall:(a) provide the following additional information when available: (i) the crimes the offender has been convicted of or adjudicated delinquent for;(ii) a description of the offender's primary and secondary targets; and(iii) other relevant identifying information as determined by the department;(b) maintain the Sex, Kidnap, and Child Abuse Offender Notification and Registration website; and(c) ensure that the registration information collected regarding an offender's enrollment or employment at an educational institution is: (i)(A) promptly made available to any law enforcement agency that has jurisdiction where the institution is located if the educational institution is an institution of higher education; or(B) promptly made available to the district superintendent of the school district where the offender is employed if the educational institution is an institution of primary education; and(ii) entered into the appropriate state records or data system.Amended by Chapter 234, 2024 General Session ,§ 30, eff. 7/1/2024.Amended by Chapter 128, 2023 General Session ,§ 2, eff. 7/1/2024.Amended by Chapter 116, 2024 General Session ,§ 5, eff. 7/1/2024.Amended by Chapter 123, 2023 General Session ,§ 8, eff. 5/3/2023.Amended by Chapter 281, 2018 General Session ,§ 97, eff. 5/8/2018.Amended by Chapter 450, 2017 General Session ,§ 1, eff. 5/9/2017.Amended by Chapter 210, 2015 General Session ,§ 7, eff. 5/12/2015.Amended by Chapter 278, 2013 General Session ,§ 79, eff. 5/14/2013.Added by Chapter 145, 2012 General Session ,§ 18, eff. 5/8/2012.