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H.B. 310

             1     

STATE BOARDS AND COMMISSIONS

             2     
AMENDMENTS

             3     
2001 GENERAL SESSION

             4     
STATE OF UTAH

             5     
Sponsor: Afton B. Bradshaw

             6      This act modifies provisions governing Utah Boards and Commissions. This act establishes
             7      set terms for certain members of the Commission on Criminal and Juvenile Justice, the Utah
             8      Substance Abuse and Anti-Violence Coordinating Council, the Justice Committee, the
             9      Treatment Committee, the Prevention Committee, and the Judiciary Committee and
             10      modifies membership of those groups and makes other technical corrections to those
             11      sections. This act expands the use of monies deposited in the Crime Victims Reparations
             12      Trust Fund and makes technical corrections to the State Executive and Judicial
             13      Compensation Commission.
             14      This act affects sections of Utah Code Annotated 1953 as follows:
             15      AMENDS:
             16          63-25a-102, as last amended by Chapter 270, Laws of Utah 1999
             17          63-25a-104, as last amended by Chapters 270 and 346, Laws of Utah 1999
             18          63-25a-201, as last amended by Chapter 102, Laws of Utah 1998
             19          63-25a-204, as last amended by Chapter 270, Laws of Utah 1999
             20          63-63a-4, as last amended by Chapter 308, Laws of Utah 1997
             21          67-8-4, as last amended by Chapter 243, Laws of Utah 1996
             22      Be it enacted by the Legislature of the state of Utah:
             23          Section 1. Section 63-25a-102 is amended to read:
             24           63-25a-102. Composition -- Ex officio members -- Appointees of governor -- Terms
             25      -- U.S. Attorney as nonvoting member.
             26          (1) The commission on criminal and juvenile justice shall be composed of 20 voting
             27      members as follows:


             28          (a) the chief justice of the supreme court, as the presiding officer of the judicial council,
             29      or a judge designated by the chief justice;
             30          (b) the state court administrator;
             31          [(c) a juvenile court judge appointed by the chief justice, as presiding officer of the Judicial
             32      Council;]
             33          [(d)] (c) the executive director of the Department of Corrections;
             34          [(e)] (d) the director of the Division of Youth Corrections;
             35          [(f)] (e) the commissioner of the Department of Public Safety;
             36          [(g)] (f) the attorney general;
             37          [(h) a representative of the statewide association of public attorneys designated by the
             38      association's officers;]
             39          [(i)] (g) the president of the [chief] chiefs of police association or a chief of police
             40      designated by the association's president;
             41          [(j)] (h) the president of the [sheriff's] sheriffs' association or a sheriff designated by the
             42      association's president;
             43          [(k)] (i) the chair of the Board of Pardons and Parole or a member designated by the chair;
             44          [(l)] (j) the chair of the Utah Sentencing Commission;
             45          [(m)] (k) the chair of the Utah Substance Abuse and Anti-Violence Coordinating Council;
             46          [(n)] (l) the chair of the Utah Board of Juvenile Justice; [and]
             47          [(o)] (m) the chair of the Utah Council on Victims of Crime or the chair's designee[.]; and
             48          (n) the following members designated to serve four-year terms:
             49          (i) a juvenile court judge, appointed by the chief justice, as presiding officer of the Judicial
             50      Council; and
             51          (ii) a representative of the statewide association of public attorneys designated by the
             52      association's officers.
             53          (2) The governor shall appoint the remaining five members [shall be appointed by the
             54      governor, with the advice and consent of the Senate,] to [two-year] four-year staggered terms as
             55      follows:
             56          (a) one criminal defense attorney appointed from a list of three nominees submitted by the
             57      Utah State Bar Association;
             58          (b) one state senator;


             59          (c) one state representative;
             60          (d) one representative of public education; and
             61          (e) one citizen representative.
             62          (3) In addition to the members designated under Subsections (1) and (2), the United States
             63      Attorney for the district of Utah may serve as a nonvoting member.
             64          (4) In appointing the members under Subsection (2), the governor shall take into account
             65      the geographical makeup of the commission [and the representation from local criminal justice
             66      advisory groups].
             67          Section 2. Section 63-25a-104 is amended to read:
             68           63-25a-104. Duties of commission.
             69          The state commission on criminal and juvenile justice administration shall:
             70          (1) promote the commission's purposes as enumerated in Section 63-25a-101 ;
             71          (2) promote the communication and coordination of all criminal and juvenile justice
             72      agencies;
             73          (3) study, evaluate, and report on the status of crime in the state and on the effectiveness
             74      of criminal justice policies, procedures, and programs that are directed toward the reduction of
             75      crime in the state;
             76          (4) study, evaluate, and report on policies, procedures, and programs of other jurisdictions
             77      which have effectively reduced crime;
             78          (5) identify and promote the implementation of specific policies and programs the
             79      commission determines will significantly reduce crime in Utah;
             80          (6) provide analysis and recommendations on all criminal and juvenile justice legislation,
             81      state budget, and facility requests, including program and fiscal impact on all components of the
             82      criminal and juvenile justice system;
             83          (7) provide analysis, accountability, recommendations, and supervision for state and
             84      federal criminal justice grant monies;
             85          (8) provide public information on the criminal and juvenile justice system and give
             86      technical assistance to agencies or local units of government on methods to promote public
             87      awareness;
             88          (9) promote research and program evaluation as an integral part of the criminal and
             89      juvenile justice system;


             90          (10) provide a comprehensive criminal justice plan annually;
             91          (11) review agency forecasts regarding future demands on the criminal and juvenile justice
             92      systems, including specific projections for secure bed space; and
             93          (12) promote the development of criminal and juvenile justice information systems that
             94      are consistent with common standards for data storage and are capable of appropriately sharing
             95      information with other criminal justice information systems by:
             96          (a) developing and maintaining common data standards for use by all state criminal justice
             97      agencies;
             98          (b) annually performing audits of criminal history record information maintained by state
             99      criminal justice agencies to assess their accuracy, completeness, and adherence to standards;
             100          (c) defining and developing state and local programs and projects associated with the
             101      improvement of information management for law enforcement and the administration of justice;
             102      and
             103          (d) establishing general policies concerning criminal and juvenile justice information
             104      systems and making rules as necessary to carry out the duties under this Subsection (12) and
             105      Subsection (10)[; and].
             106          [(13) administer the Crime Reduction Planning Grant Program outlined in Title 63,
             107      Chapter 25a, Part 5, State and Local Agencies' Crime Reduction Planning Grant, which may
             108      include conferences regarding crime reduction.]
             109          Section 3. Section 63-25a-201 is amended to read:
             110           63-25a-201. Creation of council -- Membership -- Terms.
             111          (1) There is created within the governor's office the Utah Substance Abuse and
             112      Anti-Violence Coordinating Council.
             113          (2) The Utah Substance Abuse and Anti-Violence Coordinating Council comprises 26
             114      voting members as follows:
             115          [(a) a member of the House of Representatives annually designated by the speaker;]
             116          [(b) a member of the Senate annually designated by the president;]
             117          [(c) a member of the judiciary annually designated by the chief justice of the Utah
             118      Supreme Court;]
             119          [(d)] (a) the attorney general;
             120          [(e)] (b) a county commissioner [annually] designated by the Utah Association of


             121      Counties;
             122          [(f)] (c) the commissioner of public safety;
             123          [(g)] (d) the director of the Division of Substance Abuse;
             124          [(h)] (e) the state superintendent of public instruction;
             125          [(i) a representative from the offices of minority affairs annually designated by the
             126      directors of those offices or a designee;]
             127          [(j)] (f) the director of the Department of Health;
             128          [(k)] (g) the director of the Division of Mental Health;
             129          [(l)] (h) the executive director of the Commission on Criminal and Juvenile Justice;
             130          [(m)] (i) the governor or his designee;
             131          [(n)] (j) the chairs of the Justice, Prevention, Treatment, and Judiciary Committees;
             132          [(o)] (k) the executive director of the Department of Corrections;
             133          [(p)] (l) the director of the Division of Youth Corrections;
             134          [(q) a representative annually designated by the Utah League of Cities and Towns;]
             135          [(r)] (m) the chair of the Domestic Violence Advisory Council or his designee;
             136          (n) the following members designated to serve four-year terms:
             137          (i) a member of the House of Representatives designated by the speaker;
             138          (ii) a member of the Senate designated by the president;
             139          (iii) a member of the judiciary designated by the chief justice of the Utah Supreme Court;
             140          (iv) a representative designated by the Utah League of Cities and Towns; and
             141          (v) a representative from the offices of minority affairs designated by the directors of those
             142      offices or a designee; and
             143          (o) the following members appointed by the governor to serve four-year terms:
             144          [(s)] (i) a representative of the Utah National Guard, appointed by the governor [to a
             145      two-year term];
             146          [(t) four members of the general public appointed by the governor with the advice and
             147      consent of the Senate to two-year terms:]
             148          [(i)] (ii) one resident of the state who has been personally affected by domestic violence;
             149          [(ii)] (iii) one resident of the state who has been personally affected by gang violence;
             150          [(iii)] (iv) one resident of the state who has been personally affected by alcohol or other
             151      drug abuse; and


             152          [(iv)] (v) one citizen representative.
             153          Section 4. Section 63-25a-204 is amended to read:
             154           63-25a-204. Creation of committees -- Membership -- Terms.
             155          (1) There is created within the governor's office, the Justice Committee, the Treatment
             156      Committee, the Prevention Committee, and the Judiciary Committee.
             157          (2) The president of the Senate may [annually] designate a member of the Senate to serve
             158      on each committee for a four-year term.
             159          (3) The speaker of the House may [annually] designate a member of the House of
             160      Representatives to serve on each committee for a four-year term.
             161          (4) (a) The Justice Committee comprises a minimum of 15 voting members as follows:
             162          (i) the director of the Criminal Investigations Bureau of the Department of Public Safety
             163      or his designee;
             164          (ii) the following members designated to serve four-year terms:
             165          [(i)] (A) a representative [annually] designated by the Utah Chiefs of Police Association;
             166          [(ii)] (B) a representative [annually] designated by the Utah Sheriff's Association;
             167          [(iii)] (C) a representative [annually] designated by the Statewide Association of Public
             168      Attorneys;
             169          [(iv)] (D) a representative [annually] designated by the Department of Commerce;
             170          [(v)] (E) an assistant attorney general [annually] designated by the attorney general;
             171          [(vi)] (F) a representative [annually] designated by the commissioner of the Department
             172      of Public Safety;
             173          [(vii) the director of the Criminal Investigations Bureau of the Department of Public Safety
             174      or his designee;]
             175          [(viii)] (G) a representative [annually] designated by the executive director of the
             176      Department of Corrections;
             177          [(ix)] (H) a representative [annually] designated by the director of the Division of Youth
             178      Corrections;
             179          [(x) a representative from a drug task force within the state appointed by the governor to
             180      serve for two years;]
             181          [(xi) a gang intelligence officer appointed by the governor to serve for two years;]
             182          [(xii) a representative of crime victims appointed by the governor to serve for two years;]


             183          [(xiii)] (I) a district director of juvenile probation or his designee, [annually] designated
             184      by the presiding officer of the Judicial Council; and
             185          [(xiv)] (J) a representative of adult probation and parole [annually] designated by the
             186      executive director of the Department of Corrections; and
             187          [(xv) a school resource officer annually appointed by the governor to serve for two years.]
             188          (iii) the following members appointed by the governor to serve four-year terms:
             189          (A) a representative from a drug task force within the state appointed by the governor;
             190          (B) a representative of crime victims appointed by the governor;
             191          (C) a gang intelligence officer appointed by the governor; and
             192          (D) a school resource officer appointed by the governor.
             193          [(b) In addition to the members designated under Subsection (4)(a):]
             194          (b) The following organizations may also designate a representative to be a voting member
             195      of the committee for a four-year term:
             196          (i) the Federal Bureau of Investigation [may annually designate a representative to be a
             197      voting member of the committee];
             198          (ii) the United States Attorney's Office [may annually designate a representative to be a
             199      voting member of the committee]; and
             200          (iii) the Drug Enforcement Administration [may annually designate a representative to be
             201      a voting member of the committee].
             202          (c) Additional committee members may be selected by a majority of the committee to
             203      serve as voting members for [two-year] four-year terms.
             204          (5) (a) The Treatment Committee comprises a minimum of 17 voting members as follows:
             205          (i) a representative of an urban local substance abuse authority [annually] designated by
             206      the Utah Behavioral Healthcare Network;
             207          (ii) a representative of a rural local substance abuse authority [annually] designated by the
             208      Utah Behavioral Healthcare Network;
             209          (iii) a representative [annually] designated by the Division of Substance Abuse;
             210          (iv) a representative [annually] designated by the director of the Division of Youth
             211      Corrections;
             212          (v) a registered pharmacist [annually] designated by the Utah Pharmaceutical Association;
             213          (vi) a representative [annually] designated by the Utah Hospital and Health Systems


             214      Association;
             215          (vii) a licensed physician [annually] designated by the Utah Medical Association;
             216          (viii) a licensed psychologist [annually] designated by the Utah Psychological Association;
             217          (ix) a licensed social worker [annually] designated by the National Association of Social
             218      Workers (Utah Chapter);
             219          (x) a registered nurse [annually] designated by the Utah Nurses Association;
             220          (xi) a substance abuse counselor [annually] designated by the Utah Association of Alcohol
             221      and Drug Abuse Counselors;
             222          (xii) a representative [annually] designated by the Utah Association of Local Health
             223      Officers;
             224          (xiii) a domestic violence treatment professional [annually] appointed by the Domestic
             225      Violence Advisory Council;
             226          (xiv) a school counselor [annually] designated by the Utah School Counselors Association;
             227          (xv) an elementary school principal from a high risk school [annually] designated by the
             228      Utah Association of Elementary School Principals;
             229          (xvi) a secondary school principal from a high risk school [annually] designated by the
             230      Utah Association of Secondary School Principals; and
             231          (xvii) a representative [annually] designated by the executive director of the Department
             232      of Workforce Services.
             233          (b) Additional committee members may be selected by a majority of the committee [to
             234      serve as voting members for two-year terms].
             235          (c) Each committee member shall serve a four-year term.
             236          (6) (a) The Prevention Committee comprises a minimum of 18 voting members as follows:
             237          (i) the executive director of the Utah Council for Crime Prevention or his designee;
             238          (ii) the Commissioner of Higher Education, from the State Board of Regents, or his
             239      designee;
             240          (iii) the president of the Utah Federation for Youth or his designee;
             241          (iv) the president of the state Parent Teacher Association or his designee;
             242          (v) the director of the Association of Youth Councils or his designee;
             243          (vi) the chair of the Coalition for Tobacco Free Utah or the chair's designee;
             244          (vii) the following members designated to serve four-year terms:


             245          [(i)] (A) a representative [annually] designated by the director of the Division of Substance
             246      Abuse;
             247          [(ii) the executive director of the Utah Council for Crime Prevention or his designee;]
             248          [(iii)] (B) a representative [annually] designated by the state superintendent of public
             249      instruction, State Office of Education;
             250          [(iv) the commissioner of higher education, from the State Board of Regents, or his
             251      designee;]
             252          [(v)] (C) a representative [annually] designated by the executive director of the Department
             253      of Health;
             254          [(vi) the president of the Utah Federation for Youth or his designee;]
             255          [(vii)] (D) a Safe and Drug-Free Schools program director from an urban school district,
             256      [annually] designated by the Utah School Superintendents Association;
             257          [(viii)] (E) a Safe and Drug-Free Schools program director from a rural school district,
             258      [annually] designated by the Utah School Superintendents Association;
             259          [(ix) the president of the state Parent Teacher Association or his designee;]
             260          [(x)] (F) a representative of an urban local substance abuse authority, [annually] designated
             261      by the Utah Behavioral Healthcare Network;
             262          [(xi)] (G) a representative [annually] designated by the commissioner of the Labor
             263      Commission;
             264          [(xii)] (H) a representative of a rural local substance abuse authority, [annually] designated
             265      by the Utah Behavioral Healthcare Network; and
             266          [(xiii)] (I) a representative [annually] designated by the Utah Association of Local Health
             267      Officers; and
             268          (viii) the following members appointed by the governor to serve four-year terms:
             269          [(xiv)] (A) a representative of the academic and research community who is
             270      knowledgeable in the field of substance abuse or violence prevention[, appointed by the governor
             271      to serve for two years];
             272          [(xv) the director of the Association of Youth Councils or his designee;]
             273          [(xvi)] (B) a representative of a community-based organization that provides services to
             274      children [appointed by the governor to serve for two years]; and
             275          [(xvii)] (C) one or more members of the religious community [appointed by the governor


             276      to serve for two years; and].
             277          [(xviii) the chair of the Coalition for Tobacco Free Utah or the chair's designee.]
             278          (b) Additional committee members may be selected by a majority of the committee to
             279      serve as voting members for [two-year] four-year terms.
             280          (7) (a) The Judiciary Committee comprises a minimum of 17 voting members as follows:
             281          (i) the following members designated by the presiding officer of the Judicial Council to
             282      serve four-year terms:
             283          [(i)] (A) a juvenile court judge [annually designated by the presiding officer of the Judicial
             284      Council];
             285          [(ii)] (B) a district court judge [annually designated by the presiding officer of the Judicial
             286      Council];
             287          [(iii)] (C) an appellate court judge [annually designated by the presiding officer of the
             288      Judicial Council];
             289          [(iv)] (D) a justice court judge [annually designated by the presiding officer of the Judicial
             290      Council];
             291          [(v)] (E) two court executives [annually designated by the presiding officer of the Judicial
             292      Council];
             293          [(vi)] (F) two court administrative officers [annually designated by the presiding officer
             294      of the Judicial Council];
             295          [(vii)] (G) a representative of court treatment or prevention programs [annually designated
             296      by the presiding officer of the Judicial Council]; and
             297          (H) a guardian ad litem;
             298          (ii) the following members designated to serve four-year terms:
             299          [(viii)] (A) a representative [annually] designated by the director of the Division of
             300      Substance Abuse;
             301          [(ix)] (B) a defense attorney [annually] designated by the Utah State Bar;
             302          [(x)] (C) a prosecuting attorney [annually] designated by the Utah Prosecution Council;
             303          [(xi)] (D) an assistant attorney general [annually] designated by the attorney general;
             304          [(xii)] (E) a director of pupil services from a local school district [annually] designated by
             305      the state superintendent of public instruction; and
             306          [(xiii)] (F) a law-related education specialist [annually] designated by the state


             307      superintendent of public instruction; and
             308          [(xiv) a guardian ad litem annually designated by the presiding officer of the Judicial
             309      Council; and]
             310          [(xv)] (iii) a commander of a gang task force, or his designee, appointed by the governor
             311      to serve [for two years] a four-year term.
             312          (b) In addition to the members designated under Subsection (7)(a), the presiding federal
             313      judge may [annually] designate a federal trial judge to be a voting member of the committee for
             314      a four-year term.
             315          (c) Additional committee members may be selected by a majority of the committee to
             316      serve as voting members for [two-year] four-year terms.
             317          Section 5. Section 63-63a-4 is amended to read:
             318           63-63a-4. Reparation fund -- Victim reparation and specific appropriations.
             319          (1) In this section:
             320          (a) "Reparation fund" means the Crime Victim Reparation Trust Fund.
             321          (b) "Safety fund" means the Public Safety Support Fund.
             322          (2) (a) There is created an expendable trust fund known as the Crime Victim Reparation
             323      Trust Fund to be administered and distributed as provided in this chapter by the Reparations Office
             324      under Title 63, Chapter 25a, Part 4, Crime Victims' Reparations Act, in cooperation with the
             325      Division of Finance.
             326          (b) Monies deposited in this fund are for victim reparations, other victim services, and, as
             327      appropriated, for administrative costs of the Reparations Office under Title 63, Chapter 25a, Part
             328      4, Crime Victims' Reparations Act.
             329          (3) (a) There is created a restricted revenue fund in the General Fund known as the Public
             330      Safety Support Fund to be administered and distributed by the Department of Public Safety in
             331      cooperation with the Division of Finance as provided in this chapter.
             332          (b) Monies deposited in this fund shall be appropriated to:
             333          (i) the Division of Peace Officer Standards and Training (POST) as described in Title 53,
             334      Chapter 6, Peace Officer Standards and Training Act; and
             335          (ii) the Office of the Attorney General for the support of the Utah Prosecution Council
             336      established in Title 67, Chapter 5a, and the fulfillment of the council's duties.
             337          (4) The Division of Finance shall allocate from the collected surcharge established in


             338      Section 63-63a-1 :
             339          (a) 35% to the reparation fund, but not to exceed $2,500,000 for fiscal year 1993-94;
             340          (b) 18.5% to the safety fund for POST, but not to exceed the amount appropriated by the
             341      Legislature; and
             342          (c) 3% to the safety fund for support of the Utah Prosecution Council, but not to exceed
             343      the amount appropriated by the Legislature.
             344          (5) (a) In addition to the funding provided by other sections of this chapter, a percentage
             345      of the income earned by inmates working for correctional industries in a federally certified private
             346      sector/prison industries enhancement program shall be deposited in the reparation fund.
             347          (b) The percentage of income deducted from inmate pay under Subsection (5)(a) shall be
             348      determined by the executive director of the Department of Corrections in accordance with the
             349      requirements of the private sector/prison industries enhancement program.
             350          (6) (a) In addition to the money collected from the surcharge, judges are encouraged to,
             351      and may in their discretion, impose additional reparations to be paid into the reparation fund by
             352      convicted criminals.
             353          (b) The additional discretionary reparations may not exceed the statutory maximum fine
             354      permitted by Title 76, Utah Criminal Code, for that offense.
             355          Section 6. Section 67-8-4 is amended to read:
             356           67-8-4. State Executive and Judicial Compensation Commission created --
             357      Composition -- Appointment -- Terms -- Organization -- Vacancies -- Quorum --
             358      Compensation -- Secretary.
             359          (1) There is created a state Executive and Judicial Compensation Commission comprised
             360      of six members, not more than three of whom may be from the same political party, appointed as
             361      follows:
             362          (a) one member appointed by the governor;
             363          (b) one member appointed by the president of the Senate;
             364          (c) one member appointed by the speaker of the House of Representatives;
             365          (d) two members appointed by the other three appointed members; and
             366          (e) one member appointed by the State Bar Commission.
             367          (2) (a) Except as required by Subsection (2)(b), all persons appointed to the commission
             368      shall serve four-year terms or until their successors are duly appointed and qualified.


             369          (b) Notwithstanding the requirements of Subsection (2)(a), the [governor] appointing
             370      authority shall, at the time of appointment or reappointment, adjust the length of terms to ensure
             371      that the terms of commission members are staggered so that approximately half of the commission
             372      is appointed every two years.
             373          (3) (a) The commission shall select a chair and a vice chair from opposite political parties
             374      at its first meeting.
             375          (b) Four members of the commission shall constitute a quorum.
             376          (c) The commission shall take no action nor make any determination without the
             377      concurrence of a majority of its members being present.
             378          (4) When a vacancy occurs in the membership for any reason, the replacement shall be
             379      appointed for the unexpired term.
             380          (5) No member or employee of the legislative, judicial, or executive branch of government
             381      is eligible for appointment to the commission. The legislative fiscal analyst shall serve as an ex
             382      officio, nonvoting secretary of the commission.
             383          (6) (a) Members shall receive no compensation or benefits for their services, but may
             384      receive per diem and expenses incurred in the performance of the member's official duties at the
             385      rates established by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .
             386          (b) Legislators on the committee shall receive compensation and expenses as provided by
             387      law and legislative rule.




Legislative Review Note
    as of 2-7-01 10:15 AM


A limited legal review of this legislation raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel


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