Members Present:
Sen. Michael G. Waddoups, Senate Chair Sen. Pete Suazo
Rep. David L. Gladwell
Rep. Neal B. Hendrickson
Rep. David L. Hogue
Rep. Susan J. Koehn
Rep. Perry L. Buckner
Rep. Carl R. Saunders
Rep. Gary F. Cox
Rep. John E. Swallow
Members Absent:
Sen. LeRay McAllister
Members Excused:
Rep. Robert H.M. Killpack, House Chair
Staff Present:
Ms. Chyleen A. Arbon, Research Analyst
Ms. Susan Creager Allred, Associate General Counsel
Ms. Wendy Bangerter, Legislative Secretary
Note: A list of others present and copies of materials distributed in the meeting are on file in the Office of Legislative Research and General Counsel.
1. Committee Business - Chair Waddoups called the meeting to order at 9:20 a.m.
MOTION: Rep. Hogue moved to approve the minutes of the August 19, 1998 meeting. The motion passed unanimously with Reps. Hendrickson, Koehn, and Swallow being absent for the vote.
2. Community Crime Prevention - Lt. Governor Olene Walker addressed the committee regarding one of the goals of the state program Utah's Promise which is to implement a crime prevention program in every neighborhood. She indicated that a grant was received to help 45 communities develop crime prevention programs. She referred to the report from the Commission on Criminal and Juvenile Justice (CCJJ) that indicates which crime-prevention programs are being conducted in Utah communities. She said that the goals of Utah's Promise have been set to be accomplished by the year 2000, and efforts are being made to raise additional funds for communities that desire training in crime prevention.
Rep. Afton Bradshaw, House Representative for CCJJ, commented that the commission is an excellent tool for improving the efficiency and effectiveness of the criminal justice system in Utah.
Camille Anthony, Director, CCJJ, reviewed the commission's 1997-1998 annual report. She stated that in working to meet the requirements listed in the statute, she found that the Legislature, as well as the public, did not always understand CCJJ's role. The report was designed to make information about the functions of CCJJ available in an understandable form. One suggested improvement is that CCJJ needs to become more aggressive in asserting state- wide policy. However, CCJJ will continue to work toward central coordination, while allowing
local control. She asked the Legislature for its input as to what it perceives CCJJ can do to help
the Legislature fulfill its duties better. She indicated that CCJJ will begin evaluating six criminal
justice programs annually, using graduate students from the University of Utah to research and
evaluate the effectiveness of programs. She emphasized the need for the Legislature to fund the
evaluation of programs they create.
Ms. Anthony discussed the Crime Victim Reparations program, which responds to the
needs of victims of crime, and is funded by surcharges against offenders. The office was created
by statute 12 years ago and has been successful in responding to the needs of victims. She
reported that over the 12-year period of operation, $50 million has been provided to victims of
crime in many forms including: counseling, medical expenses, and funeral expenses.
Susan Burke, Anti-Violence Coordinator, CCJJ, distributed and reviewed an itemized list
of crime prevention efforts. She stated that the Utah Board of Juvenile Justice is hosting town
meetings to determine what communities perceive their problems to be with juvenile crime and
what they feel can be done. The commission also participates in the Juvenile Justice and
Delinquency Prevention Act and through that received just more than $1 million for juvenile
justice programming in 1998. She noted that 75 percent of the programs they began continue to
be funded locally and are making a positive impact on communities. The commission would like
to develop an evaluation template that will assess the effectiveness of each program, as
determined by specific criteria unique to that program.
Ms. Burke indicated that state mini-grants were allocated for gang prevention,
intervention, and community mobilization programs. The commission also funds task forces in
several areas to provide crime prevention programs, gang awareness education, after-school
programs, and other crime prevention programs. The commission works closely with the Office
of the Attorney General, as well as the Utah State Office of Education.
Chief Richard Hendricks, President, Police Chiefs' Association, discussed the role of the
association in providing a forum for police officer and police chief training. He discussed the
need and benefit of having a state-wide electronic sharing of information. He discussed the Kids
and Cops in Education program that will be used in Cache Valley middle and high schools and
the Dare program, which will continue in the elementary schools. He spoke in favor of CCJJ, its funding support, and its respect for local areas needing to have control of their local problems.
Detective Bill Morris, Crime Prevention Officer, Salt Lake County Sheriff's Office,
reviewed many of the crime prevention programs and information items that are available to
schools and neighborhoods. He highlighted the following programs:
.
Operation Safe Passage trains groups of parents in each school to monitor the children as they walk to and from school. He noted that because of the visibility of the parent
monitors, traffic has slowed down and there have been no incidents of child abduction;
.
Canyon Drug and Alcohol Enforcement has significantly reduced the occurrence of fatalities in the canyons during the week of graduation;
.
Compliance Testing for Tobacco Sales praises those who do not sell to minors as well as prosecuting those who do;
.
Operation Safe Car gives the police authorization during certain hours of the night to pull over those cars with the specific decal to check the identity of the driver;
.
A Physical Security Plan helps protect church properties;
.
The Mobile Community Watch is most successful on the west side of the valley; and
.
Child Emergency Identification Kits contain a photo of the child and sometimes fingerprints.
Pete Haun, Director, Utah Department of Corrections, discussed the Community
Mobilization Program in which field agents coordinate resources around the offender in a
community, which increases the offender's opportunity for success and decreases recidivism. He
explained the changes made to revolutionize the approach that the Salt Lake Parole and
Probation Office has taken to put more agents in the community for a greater amount of time.
Parole violations have decreased dramatically because parolees see field agents more often. A
management review team evaluates and makes recommendations for each offender.
Richard Sullivan, Regional Director, Adult Probation and Parole (AP&P), explained that
this community coordination effort was originally planned to take approximately 18 months to
accomplish, but they were able to accomplish the transition in five months. With the help of
technology, agents set up offices in their own homes and cars.
Ed McConkie, Director, Utah Sentencing Commission, reviewed the specific
recommendations to the Legislature made by the Sentencing Commission for intermediate
sanctions. Those recommendations are listed in Appendix A of the CCJJ annual report. The
commission's priorities are full-year funding for the Salt Lake Day Reporting Center, expansion
of this concept to Provo and West Valley, and a Community Probation Correction Center, which
allows judges the option of a community sanction as an alternative to prison. The commission
also recommended state-wide privatization of the pre-sentence investigation, which will free up
probation officers for greater supervision of parolees. He distributed and reviewed the new adult
sentencing and release guidelines that went into effect in September 1998. He noted that they are
descriptive, not prescriptive, and would not require any additional funding.
Mr. McConkie discussed the day reporting center's role as an alternative to prison. He
said that even the most expensive intermediate sanction services are not as costly as
incarceration. Mr. McConkie stated that some parolees that have violated their paroles can
participate in more intensive programs as alternatives to recommitment to prison. He
emphasized that the state needs to invest in alternative sanctions as a balanced approach.
Kathy Crawford, Director, Salt Lake City Day Reporting Center, distributed information
that describes the purpose of the center, the services offered there, and placement eligibility. She
reported on the success of the center's programs, which help to decrease recidivism.
Shane Carmichael, a parolee who attends the day reporting center, spoke in favor of the
center as an alternative to prison because it has allowed him access to programs which have been
effective in helping him deal with his drug problem and have helped him find and maintain
employment.
Mary Lou Bozich, Coordinator, Utah Substance Abuse and Anti-Violence Coordinating Council (USSAC), distributed information and emphasized the connection between substance
abuse and crime: offenders commit crimes to obtain drugs, from the effects of using drugs, and
as a result of the drug-using lifestyle. However, offenders do not always receive treatment for
their drug abuse. She stated that treatment can effectively reduce crime and that demand-
reduction efforts, prevention, and treatment will have more of an impact on drug-related crimes
than incarceration.
Tammy Hart, Residential Substance Abuse Coordinator, Department of Corrections,
explained the Con-Quest program located at the Draper prison site, which is a residential
substance abuse treatment program. She distributed information and described how the program
was modeled after other successful programs. She noted that information about each graduate is
not always available, but that only one graduate out of 63 was returned to prison, but not for an
offense related to substance abuse. She stated that treatment in prison would be an investment in
the future and the protection of communities.
Steven Kaniewski, Draper site inmate, read a statement to the committee. He has been in
prison for 19 years and has completed the Con-Quest program. He said that in the past he had no
social skills, nor respect for others' lives or property. His story included becoming involved in
the drug community as a teenager, which resulted in his taking a life. He refused to take
responsibility for his actions, so, without hope or focus, drugs, specifically heroine, became his
security blanket for eight years in prison. After having completed the Con-Quest program, he
has been drug-free for two years and has a sense of peace for the first time in his life. He has
earned his GED and is taking college courses. He can now share what he has learned with
others. He said he feels a need to give something back, so he volunteers his time and assists in
the Con-Quest program.
Candice Nenow, Drug Court Manager, Salt Lake County Criminal Justice Services
Division, explained the Salt Lake County Drug Court program. This program gives a judge an alternative to prison for a drug user. The Drug Court creates clear and certain rules as the
participants are encouraged to take control of their own recovery. The program consists of a 52-
week program (minimum) and is divided into four phases of treatment. The overall cost is less
to the taxpayer than jail or prison would be. Ms. Nenow noted that drug court was started
without funding, but then received a federal grant, which ends this year. She asked the
Legislature to consider funding for the drug court.
Judge Dennis M. Fuchs stated that the Drug Court is a community-based program similar
to Con-Quest which is conducted inside the prison. The participants are not violent offenders;
they were either selling or possessing drugs. If intervention works, these people can continue to
function in society. When participants successfully complete the program, the initial charges
against them are dropped. If the participant does not comply with the program, the jail or prison
sentence is immediately imposed. Judge Fuchs stated that out of 180 participants, at least 120
would have to be in prison if not for drug court. He indicated that as a judge, it is a good feeling
to offer a program where people can do well. Sanctions and punishments must be immediate and
this program allows for that.
Rep. Hendrickson took over as chair for Sen. Waddoups as he and Sen. Suazo had to
leave to attend another meeting.
Gina Lucero, one of the first graduates of drug court told her story. It took her 14 months
to complete the program. She related how she learned to take ownership of her choices. She is in
college, employed, has become a better mother, and her children have grown because of their
participation in the program. She learned how to face herself and her problems and how to make
healthy choices. She is allowed to go back for counseling even after graduation when life gets
difficult and she needs the support.
3. Other Items / Adjourn
Motion: Rep. Hendrickson adjourned the meeting at 12:27 p.m.
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