H.B. 69

1

SERIOUS HABITUAL YOUTH OFFENDER PROGRAM
2 1997 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Blake D. Chard
5 AN ACT RELATING TO STATE AFFAIRS IN GENERAL; AMENDING THE SERIOUS
6 HABITUAL OFFENDER COMPREHENSIVE ACTION PROGRAM ACT TO CREATE A
7 DATABASE USING THE JUVENILE INFORMATION SYSTEM; PROVIDING FOR
8 MAINTENANCE OF AND ACCESS TO THE DATABASE; LEAVING OWNERSHIP OF
9 INFORMATION IN THE AGENCIES THAT PROVIDED IT; PROVIDING A PENALTY
10 FOR THE UNAUTHORIZED DISCLOSURE OF INFORMATION FROM THE DATABASE;
11 AND EXTENDING THE PILOT PROGRAM IN DAVIS COUNTY FOR ANOTHER YEAR.
12 This act affects sections of Utah Code Annotated 1953 as follows:
13 AMENDS:
14 63-92-3, as enacted by Chapter 165, Laws of Utah 1996
15 63-92-4, as enacted by Chapter 165, Laws of Utah 1996
16 REPEALS AND REENACTS:
17 63-92-2, as enacted by Chapter 165, Laws of Utah 1996
18 Be it enacted by the Legislature of the state of Utah:
19 Section 1. Section 63-92-2 is repealed and reenacted to read:
20 63-92-2. Creation -- Purpose -- Administration -- Access.
21 (1) There is created the Serious Habitual Offender Comprehensive Action Program
22 (SHOCAP) to establish a SHOCAP Database to identify and track youthful offenders in order to
23 assist agencies in providing collaborative and comprehensive services to them.
24 (2) The database shall be administered by the h [Juvenile Court Administrator's Office ]
24a ADMINISTRATIVE OFFICE OF THE COURTS h with
25 information contributed by the following agencies:
26 (a) the State Office of Education, including all school districts;
27 (b) the Department of Health;

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1 (c) the Department of Human Services, including all county mental health agencies;
2 (d) the Department of Public Safety;
3 (e) all county and municipal law enforcement agencies; and
4 (f) all County and District Attorney offices.
5 (3) The database shall be maintained in accordance with guidelines established by the task
6 force created in Section 63-92-3 so that the agencies listed in Subsection (2) can efficiently access
7 the database.
8 (4) Information in the database provided by an agency to the database is considered to be
9 the property of the agency providing the information and retains any classification given it under
10 Title 63, Chapter 2, Government Records Access and Management Act.
11 (5) Any person who knowingly releases or discloses information from the database for a
12 purpose other than authorized by this chapter or to a person who is not entitled to it is guilty of a
13 Class B misdemeanor.
14 (6) Neither the state nor the courts are liable to any person for gathering, managing, or
15 using the information in the database as provided in this chapter.
16 Section 2. Section 63-92-3 is amended to read:
17 63-92-3. Establishment of pilot program -- Task force -- Members.
18 (1) [There is] The SHOCAP program shall be established as a pilot program in Davis
19 County [designated the Serious Habitual Offender Comprehensive Action Program] until the
20 SHOCAP task force in conjunction with the h [Juvenile Court Administrator's Office ]
20a ADMINISTRATIVE OFFICE OF THE COURTS h is satisfied the
21 program is capable of statewide implementation.
22 (2) The Commission on Criminal and Juvenile Justice shall form a SHOCAP task force
23 to [develop recommendations for] implement and review the pilot program.
24 (3) The SHOCAP task force shall be composed of the following persons, or their
25 designees:
26 (a) the juvenile court administrator for the 2nd Judicial District;
27 (b) the superintendent of the Davis County school district;
28 (c) the [county] Davis County attorney;
29 (d) a member of the [county] Davis County legislative body;
30 (e) the [county] Davis County sheriff;
31 (f) the chief of police of at least four municipalities within [the county] Davis County;

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1 (g) the [director] commissioner of the Department of Public Safety;
2 (h) the chief of probation for the 2nd District Juvenile Court;
3 (i) the director of the Division of Youth Corrections;
4 (j) the director of the Division of Children and Family Services;
5 (k) the director of Davis County Mental Health; [and]
6 (l) the state court administrator; h [ and ] h
7 [(l)] (m) a member of the Commission on Criminal and Juvenile Justice appointed by the
8 executive director h [. ] ; AND
8a (n) A MEMBER OF A PRIVATE PROVIDER OF AFTER-CARE SERVICES. h
9 Section 3. Section 63-92-4 is amended to read:
10 63-92-4. Duties -- Report to Legislature.
11 (1) The task force shall develop [recommendations for] and implement the following:
12 (a) criteria for determining who is a serious habitual offender (SHO);
13 (b) what information is needed on each offender for inclusion in [a statewide database] the
14 program;
15 (c) who will have access to the database;
16 (d) who will maintain the database and manage the information in the program;
17 (e) what the information in the database is to be used for;
18 (f) penalties for improper use of the information in the database; and
19 (g) a timetable for expanding the [database] program for statewide use.
20 (2) The task force shall develop a [database] program which shall be capable of
21 maintaining the information determined to be necessary under Subsection (1).
22 (3) The task force shall report to the Judiciary Interim Committee at the last interim
23 meeting in [1996] 1997 to explain the [program] database and make recommendations regarding
24 statewide implementation of the [database] program.




Legislative Review Note
as of 1-13-97 7:45 AM

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

Office of Legislative Research and General Counsel

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