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MINUTES OF THE

LAW ENFORCEMENT AND CRIMINAL JUSTICE INTERIM COMMITTEE

October 21, 1998 - 9:00 a.m. - Room 416 State Capitol


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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