Utah Legislature 81113JJT

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MINUTES OF THE
JUVENILE JUSTICE TASK FORCE
Friday, November 13, 1998 - 1:00 p.m. - Room 303 State Capitol

Members Present:
    Sen. Lyle W. Hillyard, Senate Chair
    Rep. J. Brent Haymond, House Chair
    Sen. Joseph L. Hull
    Sen. Nathan C. Tanner
    Rep. John B. Arrington
    Rep. Steve Barth

    Rep. Katherine Bryson
    Rep. Blake D. Chard
    Mr. Gary K. Dalton
    Mr. Russ Van Vleet
    Ms. Robin Arnold Williams

Members Excused:
Mr. David J. Jordan
Hon. Andrew A. Valdez

Staff Present:

    Ms. Chyleen A. Arbon, Research Analyst
    Ms. Esther D. Chelsea-McCarty, Associate General Counsel
    Ms. Glenda S. Whitney, Legislative Secretary

        Note:    A list of others present and a copy of materials distributed in the meeting are on file in the Office of Legislative Research and General Counsel.

1.    Call to Order and Task Force Business - Chair Haymond called the meeting to order at 1:07 p.m. He noted that Mr. Jordan and Judge Valdez have asked to be excused.

     MOTION: Sen. Hull moved to approve the minutes of the October 23, 1998 meeting. The motion passed unanimously with Rep. Barth and Rep. Bryson absent for the vote.

2.    Juvenile Justice Workgroup Report - Ms. Chyleen A. Arbon, Research Analyst, distributed and presented the report of the juvenile justice workgroup "Juvenile Justice Task Force Proposed Committee Action Items."

3.    Interstate Compact Proposal - Mr. Ray Wahl, Juvenile Court Administrator, presented a draft of a letter to the Association of Juvenile Compact Administrators that addressed concerns with the Interstate Compact on Juveniles regarding the placement of children.

     MOTION: Sen. Hull moved to approve sending the letter to the Association of Juvenile Compact Administrators with the chairs' signatures. The motion passed unanimously.

4.    Youth Parole Authority Draft Legislation - Mr. Dan Maldonado, Division of Youth Corrections, referred to draft legislation "Youth Parole Authority Amendments" distributed in the mailing packet. The legislation expands the membership of the Youth Parole Authority to include pro tempore members.

    MOTION: Sen. Hull moved to have the task force endorse the legislation titled "Youth Parole Authority Amendments." The motion passed unanimously with Rep. Barth absent for the vote. Sen. Hull indicated he would sponsor the bill.

5.    Compulsory Education Draft Legislation - Rep. Duane Bourdeaux distributed draft legislation "Compulsory Education Requirements." The legislation clarifies the compulsory education requirements so that truancy and compulsory education violations can be dealt with more efficiently and effectively.

     MOTION: Ms. Williams moved to delete line 32 on page 1 and renumber. The motion passed unanimously.

     MOTION: Mr. Dalton moved to insert language on page 1, line 28 to read "a person emancipated, married, and/or duly excused under the age of eighteen years." The motion passed unanimously.

     MOTION: Rep. Barth moved to endorse the legislation as amended titled "Compulsory Education Requirements." The motion passed with Rep. Bryson voting against the motion.

6.    Youth Court Act Draft Legislation - This agenda item was not discussed.

7.    Competency Evaluations for Juveniles Draft Legislation - Mr. Michael Wims, Attorney General's Office, noted that Sen. Robert F. Montgomery could not be at the meeting and distributed draft legislation "Competency Evaluations for Juveniles." The legislation creates a procedure for determining whether a juvenile is competent to proceed in a delinquency hearing. Mr. Wims discussed further changes to the bill that were recommended by the Board of Juvenile Court Judges.

    Mr. Dalton expressed concern with the recommendation to delete the age distinction to presume competency on page 15, lines 10-12.

     MOTION: Rep. Arrington moved to delete on page 15, lines 10-12 "For a minor 12 years of age and older" and "For a minor under 12 years of age the burden of proof is upon the proponent of competency." The motion failed with Sen. Hull, Rep. Arrington, and Rep. Bryson voting in favor and Rep. Barth absent for the vote.

     MOTION: Sen. Hillyard moved to have the Board of Juvenile Court Judges meet with the Competency Task Force to discuss this issue and come to an agreement. The motion passed unanimously with Rep. Barth absent for the vote.

     MOTION: Sen. Tanner moved to delete on page 11, line 4 "and (b)" and to amend page 12, line 28 to read "health examiners may consider but are not limited to the following factors." The motion passed unanimously with Rep. Barth absent for the vote.

     MOTION: Sen. Hull moved to pass the bill out favorably subject to an agreement between the Competency Task Force and representatives of the Board of Juvenile Court Judges on the issue of an age distinction for presuming competency. The motion passed unanimously with Rep. Barth absent for the vote.

8.    Future Task Force Action - Sen. Hillyard suggested requesting approval from the Legislative Management Committee for the Juvenile Justice Task Force to meet in January in order to hear the legislative audit.

    The task force agreed to tentatively plan to meet on January 14, 1999, at 8:30 a.m. in room 303 if approved by the Legislative Management Committee.

    Sen. Hillyard referred to a letter distributed at the last meeting by Michelle Arciaga which addressed concerns with three case studies of juvenile offenders. He asked Gary Dalton and Ray Wahl to provide a written response to the letter.

9.    Adjourn -

    MOTION: Sen. Hillyard moved to adjourn the meeting. The motion passed unanimously with Rep. Barth absent for the vote. Chair Haymond adjourned the meeting at 2:50 p.m.

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