Agency: Governor's Office

Line Item: Commission on Criminal and Juvenile Justice

Function

The Commission on Criminal and Juvenile Justice (CCJJ) line item was created by the 1983 Legislature. This commission reports directly to the Governor. Its statutorily defined purpose is to:

• promote broad philosophical agreement concerning the objectives of the criminal and juvenile justice system in Utah
• provide a mechanism for coordinating the functions of the various branches and levels of government concerned with criminal and juvenile justice to achieve those objectives
• coordinate statewide efforts to reduce crime and victimization in Utah
• accomplish other duties stated in law.

The Commission on Criminal and Juvenile Justice Line Item consists of nine programs. They are:

1. CCJJ Commission
2. Crime Victim Reparations
3. Extraditions
4. Substance Abuse Advisory Council
5. Sentencing Commission
6. Crime Prevention Grant
7. Crime Reduction Assistance Program
8. Sexual Exploitation of Children
9. Judicial Performance Evaluation Commission

Statutory Authority

Statutory Authorization for the Commission on Criminal and Juvenile Justice is found in UCA 63M Chapter 7 Part 2. The commission is comprised of 21 voting members. Highlights of specific duties in the law include:

• study, evaluate, and report on the status of crime in Utah and the effectiveness of criminal justice programs
• study policies of other jurisdictions which have effectively reduced crime
• implement specific policies that will reduce crime
• analyze and make recommendations on all criminal justice legislation, budget, and facilities requests
• supervise state and federal criminal justice grant monies
• assist local units of government
• provide a comprehensive criminal justice plan annually
• prepare an annual report for the Governor, Legislature, and Judicial Council

Intent Language

Under Section 63J-1-603 of the Utah Code, the Legislature intends that appropriations provided for the Commission on Criminal and Juvenile Justice in Item 4 of Chapter 396 Laws of Utah 2009 not lapse at the close of fiscal year 2010. The use of any nonlapsing funds is limited to the following: DORA research and evaluation, $23,500; Pass-through grants, $1,146,000; Computers and database technology, $55,000; Judicial Performance and Evaluation Commission, $200,000; Victim Conference and Training Academy, $48,800.

All General Funds appropriated to the Governor's Office - Commission on Criminal and Juvenile Justice line item are contingent upon expeditures from Federal Funds - American Recovery and Reinvestment Act (H.R. 1, 111th United States Congress) not exceeding amounts appropriated from Federal Funds - American Recovery and Reinvestment Act in all appropriation bills passed for FY 2011. If expenditures in the Commission on Criminal and Juvenile Justice line item from Federal Funds - American Recovery and Reinvestment Act exceed amounts appropriated to the Commission on Criminal and Juvenile Justice from Federal Funds - American Recovery and Reinvestment Act in FY 2011, the Division of Finance shall reduce the General Fund allocations to the Commission on Criminal and Juvenile Justice by one dollar for every one dollar in Federal Funds - American Recovery and Reinvestment Act expenditures that exceed Federal Funds - American Recovery and Reinvestment Act appropriations.

Notwithstanding the intent language included in Item 4 of "Fiscal Year 2010 and Fiscal Year 2011 Supplemental Appropriations" (House Bill 2,2010 General Session), under Section 63J-1-603 of the Utah Code, the Legislature intends that appropriations provided for the Commission on Criminal and Juvenile Justice in Item 4 of Chapter 396 Laws of Utah 2009, not lapse at the close of fiscal year 2010.

Funding Detail

The Crime Victim Reparations Fund is a restricted special revenue fund, funded by criminal surcharges, and administered by the Office of Crime Victim Reparations. Monies deposited in this fund are for victim reparations, criminal justice and substance abuse, other victim services, and, as appropriated, for administrative costs of CCJJ.

The General Fund Restricted - Law Enforcement Services Account is funded from 4.5 percent of criminal surcharges. State law requires proceeds to be appropriated to the commission for increased law enforcement in areas with halfway houses. Funds must be allocated to local law enforcement agencies on a pro-rata basis determined by the number of beds in each agency's jurisdiction.

The General Fund Restricted - Law Enforcement Operations Account is funded from the balance of criminal surcharges not otherwise allocated by law. CCJJ uses the funds for implementing enforcement and programs related to reducing illegal drug activity and related criminal activity.

The General Fund Restricted - Criminal Forfeiture Restricted Account receives proceeds from forfeited property or money, or any damages awarded to the state. CCJJ uses the fund for implementing the Crime Reduction Assistance Program.

Program: CCJJ Commission

Function

The CCJJ Commission program manages state and federal criminal and juvenile justice grant programs and provides analysis, accountability recommendations, and supervision of criminal justice grant monies. It assisted in the establishment of the Criminal and Juvenile Justice Center, a cooperative research unit utilizing university level researchers and state justice researchers. The commission also provides a criminal justice plan annually. The plan is continually updated as the justice environment is evolving. The commission is further refining the plan to include more activities and performance measurement.

Performance

This chart shows the number of grant projects monitored each quarter. The spike in October 2009 and October 2010 reflects the recent availability of federal funds.

• FY 2010 Federal grant dollars disbursed: $6,604,500
• FY 2010 State grant dollars disbursed: $2,891,800
• FY 2010 Task force arrests for drug/gang activity: 2,572
• FY 2010 Percent of task force arrests leading to conviction: 44%
• FY 2010 Value of drugs seized by task forces: $15 million
• FY 2010 Jail reimbursement days billed: 376,379
• FY 2010 Jail reimbursement money distributed to counties: $6,734,100
• FY 2010 Jail reimbursement average daily rate paid to counties: $17.89

Funding Detail

Program: Crime Victim Reparations

Function

The Crime Victim Reparations (CVR) program provides financial assistance to victims of violent crime. CVR provides short-term assistance with needs such as medical bills, mental health counseling, funeral and burial in homicide cases, and relocation. Since its inception in 1987, CVR has provided over $101.5 million in assistance to over 73,000 crime victims. All funds come directly from convicted offenders as CVR receives no tax dollars to fund its operations.

CVR also manages federal grants that serve victims of crime. The Victim of Crime Act grant is sub-awarded to state and local government agencies and non-profit agencies providing direct services such as victim advocacy, crisis intervention, assistance with protective orders, and counseling services. The Violence Against Women Act grant encourages enhancement of effective strategies to improve the system's response to violence against women.

The Utah Victim Assistance Academy, sponsored by CVR, is a week-long training for victim assistance providers, law enforcement officers, and other criminal justice professionals. The goal of the academy is to provide fundamental knowledge and skills needed to effectively work with victims of crime. The academy is funded through a federal grant. CVR further provides statewide training on current trends and issues relevant to victim advocacy through the Statewide Association of Victim Advocates, SWAVO.

CVR provides staffing assistance to the Utah Council on Victims of Crime and administers the contract for V.I.N.E. (Victim Information and Notification Everyday) program presently housed in all twenty-nine county jails and the Utah State Prison. Total monthly contacts to victims through the V.I.N.E. network for 2010 averaged about 45,000.

Statutory Authority

Statutory authority for this program is located in UCA 63M Chapter 7 Part 5, "Crime Victim Reparations Act."

Performance

This measure shows the percentage of eligibility determinations made within 30 days. Since its inception in 1987, CVR has provided over $100 million in assistance to over 71,000 crime victims. All funds come directly from convicted offenders as CVR receives no tax dollars to fund its operations.

• FY 2010 New victim claims: 7,248
• FY 2010 Victim claims approved: 4,770
• FY 2010 Expenditures for victim compensation payouts: $5,963,400
• FY 2010 Victims served through grant programs: 68,702

Funding Detail

No state tax dollars are used to fund the Crime Victim Reparation program. Expenditures from the Crime Victim Reparations Fund may include reparations for victims, funding for other victim services, and administrative costs for the CVR Office and the Utah Commission on Criminal and Juvenile Justice as appropriated by the Legislature.

Program: Extraditions

Function

The Extraditions program is responsible for paying the travel-related costs of prisoner extraditions from other states and countries to Utah. Such payments are authorized by law and typically include travel, lodging, and meals for the officers and the prisoner. The officers' salaries are paid by the jurisdiction requesting the extradition. CCJJ coordinated and paid for 316 extraditions in FY 2009, compared to 312 in FY 2008.

Statutory Authority

Statutory authority for payment of extradition costs is located in UCA 77-30-24.

Performance

• FY 2010 Extraditions processed: 292
• FY 2010 Cost per extradition completed: $1,192
• FY 2010 Extraditions processed within 10 working days: 100%
• FY 2010 Restitution received for extradition costs: $36,000

Funding Detail

Program: Substance Abuse Advisory Council

Function

The Utah Substance Abuse Advisory Council (USAAC) was established to provide leadership, promote collaboration, and generate unity for Utah's efforts to address issues related to substance abuse. USAAC is currently facilitating coordination of efforts targeted at underage drinking, drug endangered children, behavioral health system reform, driving under the influence, prescription drug abuse, scheduling of controlled substance, methamphetamine contaminated properties, and the Drug Offender Reform Act (DORA). The council consists of 28 members. The mission of the council is to create and coordinate a comprehensive strategy to eliminate substance abuse throughout Utah. The council reports annually to the Governor, Legislature, Judicial Council, and CCJJ.

Statutory Authority

Statutory authority for this program is located in UCA 63M Chapter 7 Part 3, "Utah Substance Abuse Advisory Council."

Performance

• FY 2010 DUI criminal filings leading to a conviction: 79% in District Court, 56% in Justice Court

Funding Detail

Program: Sentencing Commission

Function

The Sentencing Commission is charged with establishing sentencing and release guidelines and recommending sentencing and release policy for both juvenile and adult offenders. The commission fulfills these duties with an understanding that the primary purposes of sentencing are to punish the offender, protect and compensate the victim and society, and reduce the likelihood of future crimes by the offender through rehabilitation or incapacitation. The commission's current priority issues include policies regarding the transfer of juveniles to the adult system and the use of risk assessments in sentencing.

Statutory Authority

Statutory authority for this program is located in UCA 63M Chapter 7 Part 4, "Sentencing Commission."

Funding Detail

Program: Gang Reduction Grant Program

Function

CCJJ combined funding from the Crime Prevention Grant Program and the Gang Mini-Grant Program to create the Gang Reduction Grant Program. The Gang Reduction Grant Program provides funding to reduce gang activity in Utah communities. Efforts currently focus on early intervention services or reentry programs for high risk, gang-involved individuals. Gang activity is present across the State of Utah. Some communities deal with deeply entrenched gang problems, while others are experiencing emerging problems. This program aims to provide support to local communities' efforts to reduce gang violence.

Funding Detail

Program: Crime Reduction Assistance Program

Function

During the 2004 General Session, the Legislature passed Senate Bill 175, 'Protection of Private Lawfully Obtained Property.' The bill created the Crime Reduction Assistance Program. The intent of this program is to fund crime prevention and law enforcement activities within specific guidelines. As such, the bill places the condition on agencies seizing private property as a result of illegal activities to direct these liquidated and forfeited assets to the Criminal Forfeiture Restricted Account (CFRA). Once funds are placed in the CFRA, the Legislature may choose to appropriate the funds to the CCJJ to be allocated to agencies providing drug interdiction and treatment programs. CCJJ has developed a grant program that requires recipient agencies to report back to CCJJ on how the funds were used. CCJJ compiles the data and reports it annually to the Legislature.

Statutory Authority

Statutory authority for this program is located in UCA 24-1-19, "Crime Reduction Assistance Program."

Performance

• FY 2010 Number of State Asset Forfeiture Grants funded: 21
• FY 2010 Amount of SAFG grants awarded: $725,300

Funding Detail

Program: Sexual Exploitation of Children

Function

During the 2006 General Session, the Legislature passed House Bill 170, 'Prosecution and Prevention of Child Pornography Offenses Amendments.' The bill created a one-time $1 million grant program to be administered by the commission. In FY 2007, the Legislature voted to make the Sexual Exploitation of Children grant ongoing. As funds are made available, they are granted to approved education programs to help prevent the sexual exploitation of children.

Statutory Authority

Statutory authority for this program is located in UCA 63M-7-204(13).

Performance

• FY 2010 Cost per trainee: $12.86
• FY 2010 State grant dollars disbursed: $373,000

Funding Detail

Program: Judicial Performance Evaluation Commission

Function

The Judicial Performance Evaluation Commission collects and analyzes data on the performance of all city, county and state judges in Utah. The commission uses this information to prepare reports on the performance of judges standing for retention election. Summaries of these reports are published in the voter information pamphlet and on a dedicated website. The commission also makes recommendations on whether judges should be retained.

Statutory Authority

The commission is created in UCA 78A-12-201 with 13 members. The requirement to prepare performance evaluations begins with the 2012 judicial retention elections. The commission may consider:

• the most recent judicial performance survey
• compliance with minimum performance standards
• courtroom observations
• the judge's judicial disciplinary record, if any
• public comment solicited by the commission
• information for an earlier judicial performance evaluation
• any other relevant factor the commission establishes by rule

Performance

• FY 2010 Percent of all judges evaluated: 7%

Funding Detail