First Substitute H.B. 310

Representative Afton B. Bradshaw proposes to substitute the following bill:

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 makes technical corrections to the Crime Victims Reparations Trust Fund
12 and the State Executive and Judicial Compensation Commission.
13 This act affects sections of Utah Code Annotated 1953 as follows:
14 AMENDS:
15 63-25a-102, as last amended by Chapter 270, Laws of Utah 1999
16 63-25a-104, as last amended by Chapters 270 and 346, Laws of Utah 1999
17 63-25a-201, as last amended by Chapter 102, Laws of Utah 1998
18 63-25a-204, as last amended by Chapter 270, Laws of Utah 1999
19 63-63a-4, as last amended by Chapter 308, Laws of Utah 1997
20 67-8-4, as last amended by Chapter 243, Laws of Utah 1996
21 REPEALS:
22 63-25a-501, as last amended by Chapter 1, Laws of Utah 2000
23 63-25a-502, as enacted by Chapter 346, Laws of Utah 1999
24 63-25a-503, as enacted by Chapter 346, Laws of Utah 1999
25 Be it enacted by the Legislature of the state of Utah:

26 Section 1. Section 63-25a-102 is amended to read:
27 63-25a-102. Composition -- Ex officio members -- Appointees of governor -- Terms
28 -- U.S. Attorney as nonvoting member.
29 (1) The commission on criminal and juvenile justice shall be composed of 20 voting
30 members as follows:
31 (a) the chief justice of the supreme court, as the presiding officer of the judicial council,
32 or a judge designated by the chief justice;
33 (b) the state court administrator;
34 [(c) a juvenile court judge appointed by the chief justice, as presiding officer of the Judicial
35 Council;]
36 [(d)] (c) the executive director of the Department of Corrections;
37 [(e)] (d) the director of the Division of Youth Corrections;
38 [(f)] (e) the commissioner of the Department of Public Safety;
39 [(g)] (f) the attorney general;
40 [(h) a representative of the statewide association of public attorneys designated by the
41 association's officers;]
42 [(i)] (g) the president of the [chief] chiefs of police association or a chief of police
43 designated by the association's president;
44 [(j)] (h) the president of the [sheriff's] sheriffs' association or a sheriff designated by the
45 association's president;
46 [(k)] (i) the chair of the Board of Pardons and Parole or a member designated by the chair;
47 [(l)] (j) the chair of the Utah Sentencing Commission;
48 [(m)] (k) the chair of the Utah Substance Abuse and Anti-Violence Coordinating Council;
49 [(n)] (l) the chair of the Utah Board of Juvenile Justice; [and]
50 [(o)] (m) the chair of the Utah Council on Victims of Crime or the chair's designee[.]; and
51 (n) the following members designated to serve four-year terms:
52 (i) a juvenile court judge, appointed by the chief justice, as presiding officer of the Judicial
53 Council; and
54 (ii) a representative of the statewide association of public attorneys designated by the
55 association's officers.
56 (2) The governor shall appoint the remaining five members [shall be appointed by the

57 governor, with the advice and consent of the Senate,] to [two-year] four-year staggered terms as
58 follows:
59 (a) one criminal defense attorney appointed from a list of three nominees submitted by the
60 Utah State Bar Association;
61 (b) one state senator;
62 (c) one state representative;
63 (d) one representative of public education; and
64 (e) one citizen representative.
65 (3) In addition to the members designated under Subsections (1) and (2), the United States
66 Attorney for the district of Utah may serve as a nonvoting member.
67 (4) In appointing the members under Subsection (2), the governor shall take into account
68 the geographical makeup of the commission [and the representation from local criminal justice
69 advisory groups].
70 Section 2. Section 63-25a-104 is amended to read:
71 63-25a-104. Duties of commission.
72 The state commission on criminal and juvenile justice administration shall:
73 (1) promote the commission's purposes as enumerated in Section 63-25a-101 ;
74 (2) promote the communication and coordination of all criminal and juvenile justice
75 agencies;
76 (3) study, evaluate, and report on the status of crime in the state and on the effectiveness
77 of criminal justice policies, procedures, and programs that are directed toward the reduction of
78 crime in the state;
79 (4) study, evaluate, and report on policies, procedures, and programs of other jurisdictions
80 which have effectively reduced crime;
81 (5) identify and promote the implementation of specific policies and programs the
82 commission determines will significantly reduce crime in Utah;
83 (6) provide analysis and recommendations on all criminal and juvenile justice legislation,
84 state budget, and facility requests, including program and fiscal impact on all components of the
85 criminal and juvenile justice system;
86 (7) provide analysis, accountability, recommendations, and supervision for state and
87 federal criminal justice grant monies;

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

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

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

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

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

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

274 [(xv) the director of the Association of Youth Councils or his designee;]
275 [(xvi)] (B) a representative of a community-based organization that provides services to
276 children [appointed by the governor to serve for two years]; and
277 [(xvii)] (C) one or more members of the religious community [appointed by the governor
278 to serve for two years; and].
279 [(xviii) the chair of the Coalition for Tobacco Free Utah or the chair's designee.]
280 (b) Additional committee members may be selected by a majority of the committee to
281 serve as voting members for [two-year] four-year terms.
282 (7) (a) The Judiciary Committee comprises a minimum of 17 voting members as follows:
283 (i) the following members designated by the presiding officer of the Judicial Council to
284 serve four-year terms:
285 [(i)] (A) a juvenile court judge [annually designated by the presiding officer of the Judicial
286 Council];
287 [(ii)] (B) a district court judge [annually designated by the presiding officer of the Judicial
288 Council];
289 [(iii)] (C) an appellate court judge [annually designated by the presiding officer of the
290 Judicial Council];
291 [(iv)] (D) a justice court judge [annually designated by the presiding officer of the Judicial
292 Council];
293 [(v)] (E) two court executives [annually designated by the presiding officer of the Judicial
294 Council];
295 [(vi)] (F) two court administrative officers [annually designated by the presiding officer
296 of the Judicial Council];
297 [(vii)] (G) a representative of court treatment or prevention programs [annually designated
298 by the presiding officer of the Judicial Council]; and
299 (H) a guardian ad litem;
300 (ii) the following members designated to serve four-year terms:
301 [(viii)] (A) a representative [annually] designated by the director of the Division of
302 Substance Abuse;
303 [(ix)] (B) a defense attorney [annually] designated by the Utah State Bar;
304 [(x)] (C) a prosecuting attorney [annually] designated by the Utah Prosecution Council;

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

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

367 (d) two members appointed by the other three appointed members; and
368 (e) one member appointed by the State Bar Commission.
369 (2) (a) Except as required by Subsection (2)(b), all persons appointed to the commission
370 shall serve four-year terms or until their successors are duly appointed and qualified.
371 (b) Notwithstanding the requirements of Subsection (2)(a), the [governor] appointing
372 authority shall, at the time of appointment or reappointment, adjust the length of terms to ensure
373 that the terms of commission members are staggered so that approximately half of the commission
374 is appointed every two years.
375 (3) (a) The commission shall select a chair and a vice chair from opposite political parties
376 at its first meeting.
377 (b) Four members of the commission shall constitute a quorum.
378 (c) The commission shall take no action nor make any determination without the
379 concurrence of a majority of its members being present.
380 (4) When a vacancy occurs in the membership for any reason, the replacement shall be
381 appointed for the unexpired term.
382 (5) No member or employee of the legislative, judicial, or executive branch of government
383 is eligible for appointment to the commission. The legislative fiscal analyst shall serve as an ex
384 officio, nonvoting secretary of the commission.
385 (6) (a) Members shall receive no compensation or benefits for their services, but may
386 receive per diem and expenses incurred in the performance of the member's official duties at the
387 rates established by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .
388 (b) Legislators on the committee shall receive compensation and expenses as provided by
389 law and legislative rule.
390 Section 7. Repealer.
391 This act repeals:
392 Section 63-25a-501, Definitions.
393 Section 63-25a-502, Notification of grant funds.
394 Section 63-25a-503, Application for grant funds -- Balance nonlapsing.