Download Zipped File WP 6.1 1118LAWM.ZIP 6,791 Bytes

MINUTES OF THE

LAW ENFORCEMENT AND CRIMINAL JUSTICE INTERIM COMMITTEE

November 18, 1998 - 9:00 a.m. - Room 416 State Capitol


Members Present:
    Sen. Michael G. Waddoups, Chair     Rep. Robert H.M. Killpack, Chair
    Sen. Pete Suazo
    Rep. Perry L. Buckner
    Rep. Blake D. Chard
    Rep. Gary F. Cox
    Rep. David L. Gladwell
    Rep. Neal B. Hendrickson
    Rep. David L. Hogue
    Rep. Susan J. Koehn
    Rep. Carl R. Saunders
    Rep. John E. Swallow
    

Members Absent:
    Sen. LeRay McAllister



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 a copy of materials distributed in the meeting are on file in the Office of Legislative Research and General Counsel.

1.    Committee Business - Chair Killpack called the meeting to order at 9:15 a.m.
    
    MOTION:    Rep. Hogue moved to approve the minutes of the October 21, 1998 meeting. The motion passed unanimously with Reps. Chard, Gladwell, and Swallow absent for the vote.
            
2.    Peace Officer Standards and Training Report - Sid Groll, Director, Peace Officer Standards and Training (POST), distributed and reviewed the report from the Peace Officer Standards and Training and the Department of Corrections Fred House Academy. The report indicated that the POST and Corrections training programs should be combined under the POST Council when a facility becomes available that would adequately accommodate both programs. He noted that the current facility could then become available for other public safety programs now leasing space elsewhere. He reviewed the goals for both training programs, which included upgrading physical fitness equipment and adding firearms simulators. He noted that POST will reapply next year for a building grant; and in the meantime, evaluate the legislative audit and identify areas of concern.

3.    Sunset Review - Department of Corrections, Sex Offender Treatment Program -
Pete Haun, Director, Department of Corrections, reviewed the sex offender treatment report that was given to the Commission on Criminal and Juvenile Justice. He strongly recommended that the commission's oversight continue. The sex offender program's success is evident, with only one percent of those completing the program recommitting a new sex offense; however, a more

in-depth analysis of the program needs to be conducted. Because of limited resources, the department is only able to meet the needs of one-third of the sex offender population; there is a long waiting list of those offenders wanting to enter the program. Mr. Haun recommended that the Legislature consider additional funding because the department can show that the treatment is cost effective.

    Johnny Bruce Johnson, citizen, noted that sex offenders are forced to observe sexual material so their sexual arousal can be measured by a machine. He expressed concern that he has not been allowed access to information regarding that procedure.

    Mr. Haun responded that the measuring practice has been somewhat controversial, but it does provide information so that counselors can confront the elements of the offender's deviance. He indicated that this same practice is done in many other states; however, he is willing to consider other alternatives. He also committed to make information regarding the procedure available.

    Julie Breckenridge, Citizens for Penal Reform (CPR), expressed concern regarding the need for aftercare for those still incarcerated but who have graduated from the first three phases of the sex offender program.

    Mr. Haun responded that ongoing care is needed because sex offending is an addiction and requires aftercare as long as needed; however, the department tries to coordinate treatment with the timing of an inmate's release. The aftercare supervision can continue for up to ten years. If more resources were available, ongoing aftercare could be provided for those who have graduated from the program but are still incarcerated. He said that there are some sex offenders that should never be released. Treatment for those people is not cost effective. He emphasized that the most important resource the sex offender program has is the employees.

    MOTION:    Rep. Cox moved to recommend an extension of the sunset of the sex offender treatment program for five years.

    SUBSTITUTE MOTION:    Sen. Waddoups made a substitute motion that the sex offender program be reauthorized without a sunset date.

    The substitute motion passed with Reps. Gladwell, Saunders, and Swallow voting in opposition and Rep. Chard absent for the vote.

4.    Update on Department of Corrections RFP for Private Prison - Pete Haun, Director, Department of Corrections, reviewed the time sequence and process of the RFP for a private prison site. As soon as the RFP is subject to release, it will be placed on the department's web site. He hopes to have the private prison operational in late fall of 1999 if a contract is secured.

5.    Department of Corrections Compensation Adjustment Draft Legislation - Rep. Gary Cox stated that correctional officers are always looking for opportunities that offer better compensation. He emphasized the difficult situation that the department faces as it loses experienced employees. He noted that the turnover rate for correctional officers at the Draper prison is 23 percent. Currently, there are 67 positions open in the Department of Corrections. When the Salt Lake County jail opens, the county will need 250 additional correctional officers. If many of those officers come from the department, the remaining employees will be even more burdened. Rep. Cox's bill addresses the salary disparity problem over a three-year period.

    Rep. Hogue and Rep. Bourdeaux both expressed concern that the decrease in the number of experienced correctional officers puts the community at risk. They encouraged the Legislature to support this legislation.     

    MOTION:    Rep. Cox moved to amend the legislation as follows:

        Page 6, line 22, delete "or" and insert ","
            line 23, insert "or corrections investigator"
        The amendment would be repeated on Page 7, lines 1 and 2.

    The motion passed unanimously with Rep. Gladwell absent for the vote.     

    Mr. Haun added that mid to upper-level management employees will be lost in addition to correctional officers. He emphasized that the increase provided for in Rep. Cox's bill will not retain the employees by itself; there must also be a promise of additional increases in the near future.

    Darin Underwood, Audit Supervisor, Legislative Auditor General's Office, noted that the legislative audit of the Department of Corrections included a recommendation for salary parity.

    Chair Waddoups stated the compensation should come close to the county level as soon as possible. He feels a bigger step than the requested $6 million for fiscal year 1999-2000 is needed.

    MOTION    Rep. Koehn moved to amend the $6 million request to $10 million and copy the language on page 5, line 27, 28, and 29 to page 6, between lines 21 and 22.

    Rep. Saunders asked to divide the motion.

    The motion to raise the requested amount from $6 million to $10 million passed with Rep. Saunders voting in opposition. The motion to copy the language passed unanimously.

    MOTION:    Sen. Suazo moved to adopt this legislation as a committee bill. The motion passed unanimously.

    Rep. Hendrickson strongly recommended that returning legislators sign on as co-sponsors of the bill.

6.    Sentencing of Convicted Felons Draft Legislation - Rep. Blake Chard explained that this bill provides that the cost of jail time for felons serving time in a county jail as part of probation will be reimbursed to the county by the Department of Corrections. He said this bill will create a united front and eliminate pitting the urban and rural sheriffs against each other.

    Paul Rogers, representing the Salt Lake County Commission, suggested that the legislation should allow the county the opportunity to turn down an inmate assigned to its jail when it is not going to be reimbursed.

    Rep. Chard responded that the county should not have the flexibility to turn down inmates for short-term commitments. Since this legislation continues to be considered and amended, he stated he would prefer no action be taken by the committee.

    Chair Killpack noted that the Juvenile Justice Task Force provided a written report for committee members that included its actions and recommendations.

    The committee applauded Rep. Killpack for his leadership and expressed its appreciation to him for his service in the Legislature.

    7.      Other Items / Adjourn

    MOTION:    Rep. Hogue moved to adjourn the meeting.

    The motion passed unanimously with Rep. Koehn absent for the vote. Chair Killpack adjourned the meeting at 11:23 a.m.

[Back to the Interim Directory][Back to the Monthly Schedule][Back to the Committee Listing] Utah State Legislature