MINUTES OF THE
LAW ENFORCEMENT AND CRIMINAL JUSTICE INTERIM COMMITTEE
Tuesday, September 15, 2020 • 9:00 a.m. • 445 State Capitol


Members Present:
Sen. Keith Grover, Chair
Rep. Lee B. Perry, Chair
Sen. Don L. Ipson
Sen. Kathleen Riebe
Sen. Daniel W. Thatcher
Sen. Evan J. Vickers
Rep. Kim F. Coleman
Rep. Sandra Hollins
Rep. Kelly B. Miles
Rep. Val K. Potter
Rep. Marie H. Poulson
Rep. Paul Ray
Rep. Angela Romero
Rep. Mike Schultz
Rep. Jeffrey D. Stenquist
Rep. Mark A. Strong

Staff Present:
John Feinauer, Policy Analyst
Esther D. Chelsea-McCarty, Associate General Counsel
Jackie Rogers, Associate General Counsel
Tracey Fredman, Administrative Assistant

Note: A copy of related materials and an audio recording of the meeting can be found at www.le.utah.gov.

1. Committee Business
Chair Perry called the meeting to order at 9:09 a.m.
John Feinauer, Policy Analyst, Office of Legislative Research and General Counsel, reviewed the public comment process that would be used during the meeting.
2. Sex Offender Registry
2a - Presentation, Reviewing Utah's Sex Offender and Kidnap Registry
Monica Diaz, Director, Utah Sentencing Commission, discussed applying a risk-based assessment to individuals on the sex offender registry.
Faye Jenkins, citizen, spoke to some issues of consequence for people whose names are entered into the sex offender registry.
Daniel Burton, Utah Attorney General's Office, commented on some challenges in determining the recidivism rate among offenders.
Wendy Parmley, citizen, spoke in support of risk-based assessments of offenders over a period of time.
MOTION: Rep. Potter moved to approve the minutes of the August 18, 2020, meeting. The motion passed with a vote of 16-0-0.
Yeas - 16Nays-0Abs-0
Rep. K. Coleman
Sen. K. Grover
Rep. S. Hollins
Sen. D. Ipson
Rep. K. Miles
Rep. L. Perry
Rep. V. Potter
Rep. M. Poulson
Rep. P. Ray
Sen. K. Riebe
Rep. A. Romero
Rep. M. Schultz
Rep. J. Stenquist
Rep. M. Strong
Sen. D. Thatcher
Sen. E. Vickers
3. Facial Recognition
Chief Brian Redd, State Bureau of Investigation, Utah Department of Public Safety, discussed the use of facial recognition technology by law enforcement agencies.
Connor Boyack, President, Libertas Institute, encouraged inclusion of the use of facial recognition technology in Utah statute.
Wendy Parmley, citizen, spoke to the misidentification of persons through the use of facial recognition technology.
Gopi Krishna, citizen, asked about databases currently being used for facial recognition.
Marina Lowe, Legislative and Policy Counsel, American Civil Liberties Union of Utah, spoke in support of codifying the use of facial recognition technology in the state.
4. Student Data Privacy
Chief Brian Redd, State Bureau of Investigation, Utah Department of Public Safety, discussed how data can be used to keep students safe at school.
Kim Cordova, Executive Director, Commission on Criminal and Juvenile Justice, spoke about the training curriculum for resource officers in schools.
4a - Law Enforcement and USBE Data Report
Patty Norman, Deputy Superintendent of Student Achievement, State Board of Education, reported on data sharing between law enforcement and the State Board of Education.
Chuma Uzoh, Assistant Director, Information Technology, State Board of Education, responded to a question about statewide student identification.
Lindsay Jaynes, Data and Statistic Research Consultant, commented on the use of student identification numbers.
5. Statutory Responses to Riots
Sheriff Ryan Arbon, Weber County, indicated that two bills, one in the state of Georgia and the other in the state of Tennessee, which address riots and other similar issues, may provide a framework for legislation in Utah.
John Feinauer, Policy Analyst, Office of Legislative Research and General Counsel, compared current Utah statute with some provisions of recently passed legislation in other states.
MOTION: Rep. Ray moved to open a committee bill file to address the issue of rioting. The motion passed with a vote of 15-0-1.
Yeas - 15Nays-0Abs-1
Rep. K. Coleman
Sen. K. Grover
Rep. S. Hollins
Sen. D. Ipson
Rep. K. Miles
Rep. L. Perry
Rep. V. Potter
Rep. M. Poulson
Rep. P. Ray
Sen. K. Riebe
Rep. M. Schultz
Rep. J. Stenquist
Rep. M. Strong
Sen. D. Thatcher
Sen. E. Vickers
Rep. A. Romero
Sheriff Chad Jensen, Cache County, spoke in support of the motion.
6. Correctional Facility Placement
6a - Draft Legislation, Community Correctional Center Amendments
Rep. Calvin R. Musselman introduced and discussed provisions of 2021 General Session Draft Legislation "Community Correctional Center Amendments."
James Hudspeth, Deputy Executive Director, Utah Department of Corrections, responded to a committee members' question about the funding of correctional facilities.
Dan Blanchard, Director, Division of Adult Probation and Parole, Utah Department of Corrections, noted the importance of providing services to offenders within their own communities.
James Hudspeth, Deputy Executive Director, Utah Department of Corrections, commented on the application of resources.
Sheriff Chad Jensen, Cache County, expressed interest in participating in continued discussions on this issue with the Legislature and the Utah Department of Corrections.
MOTION: Rep. Miles moved to recommend 2021 General Session draft legislation, "Community Correctional Center Amendments," as a committee bill. The motion passed with a vote of 14-0-2.
Yeas - 14Nays-0Abs-2
Rep. K. Coleman
Sen. K. Grover
Rep. S. Hollins
Rep. K. Miles
Rep. L. Perry
Rep. V. Potter
Rep. M. Poulson
Rep. P. Ray
Sen. K. Riebe
Rep. A. Romero
Rep. J. Stenquist
Rep. M. Strong
Sen. D. Thatcher
Sen. E. Vickers
Sen. D. Ipson
Rep. M. Schultz
7. State V. Bowden
7a - State V. Bowden
John Feinauer, Policy Analyst, Office of Legislative Research and General Counsel, introduced the issue.
Esther Chelsea-McCarty, provided an overview of the State v. Bowden case.
Christopher Ballard, Deputy Director, Criminal Appeals Division, and Assistant Solicitor General, Utah Attorney General's Office, discussed potential legislative action in regard to the State v. Bowden case.
8. Other Items/Adjourn
MOTION: Rep. Potter moved to adjourn the meeting. The motion passed with a vote of 13-0-3.
Yeas - 13Nays-0Abs-3
Rep. K. Coleman
Sen. K. Grover
Rep. S. Hollins
Rep. L. Perry
Rep. V. Potter
Rep. M. Poulson
Rep. P. Ray
Sen. K. Riebe
Rep. A. Romero
Rep. J. Stenquist
Rep. M. Strong
Sen. D. Thatcher
Sen. E. Vickers
Sen. D. Ipson
Rep. K. Miles
Rep. M. Schultz
Chair Perry adjourned the meeting at 11:20 a.m.