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. Utah Office for theVictims of Crime (UOVC)
3. Extraditions
4. Substance Abuse Advisory Council
5. Sentencing Commission
6. Gang Reduction Grant Program
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 5 of Chapter 2 Laws of Utah 2010 not lapse at the close of Fiscal Year 2011.

All General Funds appropriated to the Commission on Criminal and Juvenile Justice line item are contingent upon expenditures 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 appropriations bills passed for FY 2012. If expenditures in the Commission on Criminal and Juvenile Justice line item exceed amounts appropriated to the Commission on Criminal and Juvenile Justice line item from Federal Funds - American Recovery and Reinvestment Act in FY 2012, the Division of Finance shall reduce the General Fund allocations to the Commission on Criminal and Juvenile Justice line item 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.

Special Funds

Funding Detail

The Crime Victim Reparations Fund is a restricted special revenue fund, funded by criminal surcharges, and administered by the Utah Office for Victims of Crime. 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 conducts research on criminal and juvenile justice issues, evaluates policies in Utah and other states, and develops policy recommendations from this research and evaluation.

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 2011 Federal grant dollars disbursed: $7,182,692
• FY 2011 State grant dollars disbursed: $3,567,837
• FY 2010 Task force arrests for drug/gang activity: 2,572
• FY 2011 Percent of task force arrests leading to conviction: 50%
• FY 2011 Jail reimbursement days billed: 394,766
• FY 2011 Jail reimbursement money distributed to counties: $6,000,000
• FY 2011 Jail reimbursement average daily rate paid to counties: $15.94

Funding Detail

Program: Utah Office for Victims of Crime

Function

The Reparation program provides financial assistance to victims of violent crime. UOVC 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, UOVC has provided over $101.5 million in assistance to over 73,000 crime victims. All funds come directly from convicted offenders as UOVC receives no tax dollars to fund its operations.

UOVC also manages federal grants that serve victims of crime. The Victim of Crime Act (VOCA) 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 (VAWA) grant encourages enhancement of effective strategies to improve the system's response to violence against women.

The Utah Victim Assistance Academy, sponsored by UOVC, 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. UOVC further provides statewide training on current trends and issues relevant to victim advocacy through the Statewide Association of Victim Advocates, SWAVO.

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

Statutory Authority

Statutory authority for this program is located in UCA 63M Chapter 7 Part 5, "Utah Office for Victims of Crime."

Performance

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

• FY 2011 New victim claims: 7,287
• FY 2011 Victim claims approved: 5,842
• FY 2011 Expenditures for victim compensation payouts: $6,553,729
• FY 2011 Victims served through grant programs: 113,677

Special Funds

The Crime Victim Reparations Fund is a restricted special revenue fund, meaning it does not require an appropriation for most expenditures. However, the office historically seeks appropriations for expenditures on program administration.

Funding Detail

No state tax dollars are used to fund the 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 UOVC 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 306 extraditions in FY 2011, compared to 292 in FY 2010.

Statutory Authority

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

Performance

• FY 2011 Extraditions processed: 306
• FY 2011 Cost per extradition completed: $1,229
• FY 2011 Extraditions processed within 10 working days: 100%
• FY 2011 Restitution received for extradition costs: $35,444

Funding Detail

Program: Substance Abuse Advisory Council

Function

The Utah Substance Abuse Advisory Council (USAAV) was established to provide leadership, promote collaboration, and generate unity for Utah's efforts to address issues related to substance abuse. USAAV 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 substances, disclosure of 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 2011 DUI criminal filings leading to a conviction: 53% 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 protect and compensate the victim and society, punish the offender, and reduce the likelihood of future crimes by the offender through rehabilitation or incapacitation. The commission's current priority issues include policies regarding the use of risk assessments and other evidence based principles 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 administers the Gang Reduction Grant to combat gang issues throughout the State. Emphasis is given to reducing gang related crime through community programs. Gang reduction efforts focus on early intervention programming for high-risk, gang involved youth. Two efforts the Gang Reduction Grant Program is making to meet department goals and objects include:

1. Soliciting and funding gang reduction programs across the state - A request for proposals is released inviting state and local governmental agencies, non-profit organizations, and community-based agencies to apply for funding to support gang reduction efforts. A review committee comprised of criminal justice professionals with expertise in gang prevention and intervention reviews the applications. CCJJ makes a final award determination.

   In FY 2011, two large projects were funded in an effort to make a positive impact on the selected communities. Both projects will be assessed for efficacy by an outside evaluator. Applicants are not guaranteed continuation funding and must apply and compete each year. All projects are limited to three years of funding. The two projects are:

   Provo Gang Project: Early Intervention for Gang Involved Youth ($95,608)

   Program provides early intervention services to 139 moderate and high-risk gang-involved youth and their parents residing in Provo. Participants will be identified through court-order or through referral by other Provo Gang Project member agencies. Services will include: 1) The Strengthening Families Program 2) Individual & Group Therapy, and 3) Outreach home visits. Strengthening Families is listed as an exemplary program for high-risk youth Model Program Guide.

   Ogden Weber Community Action Partnership: Community Involvement, Reentry, Opportunities, Social, Suppression ($156,700)

   Juvenile Court and Juvenile Justice Services will refer 139 high risk youth involved in gang activity, ages 14-18. A steering committee of community organizations will oversee youth at risk and assist in taking intervention measures. Intervention and re-entry coordinators will each manage 15-20 adolescents for a minimum of ten weeks. The project's goal is to reduce gang membership and at-risk behaviors for participants. The core curriculum, Aggression Replacement Training (ART), is rated as an effective intervention.

2. Monitoring program compliance and activities - Programs are required to submit quarterly progress reports and financial status reports as well as a final report upon program completion. Staff visit programs on an annual basis to review program files and examine financial documentation. Continuation programs are visited bi-annually. In addition, the University of Utah Criminal Justice Center will be evaluating funded projects to assess program fidelity, adherence to best practices and program outcomes.

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 2011 Number of State Asset Forfeiture Grants funded: 27
• FY 2011 Amount of SAFG grants awarded: $914,377

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.' Specifically, H.B. 170 amends the duties of CCJJ in Subsection 63M-7-204(13). The bill created a one-time $1 million grant program. This grant money was set aside for approved education programs which help prevent the sexual exploitation of children. In FY2007 the Utah Legislature voted to make the SECP grant an on-going program, and CCJJ is required to administer and allocate the funds.

Statutory Authority

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

Performance

One grant has been awarded this year to the Utah Education Network (UEN) for the NetSafe Utah program. NetSafe Utah is an internet safety program developed by UEN for kids k-12. It informs children, teachers, and parents on how to safely navigate the internet and other electronic communications.

• FY 2011 Cost per trainee: $10.80
• FY 2011 Number of individuals directly trained by presenters: 15,430

Funding Detail

Program: Judicial Performance Evaluation Commission

Function

The Judicial Performance Evaluation Commission collects and analyzes data on the performance of 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 2011 Percent of all judges evaluated: 15%

Funding Detail