H.B. 69 Enrolled

SERIOUS HABITUAL YOUTH OFFENDER PROGRAM
1997 GENERAL SESSION
STATE OF UTAH
Sponsor: Blake D. Chard
AN ACT RELATING TO STATE AFFAIRS IN GENERAL; AMENDING THE SERIOUS
HABITUAL OFFENDER COMPREHENSIVE ACTION PROGRAM ACT TO CREATE
A DATABASE USING THE JUVENILE INFORMATION SYSTEM; PROVIDING FOR
MAINTENANCE OF AND ACCESS TO THE DATABASE; LEAVING OWNERSHIP
OF INFORMATION IN THE AGENCIES THAT PROVIDED IT; PROVIDING A
PENALTY FOR THE UNAUTHORIZED DISCLOSURE OF INFORMATION FROM
THE DATABASE; AND EXTENDING THE PILOT PROGRAM IN DAVIS COUNTY
FOR ANOTHER YEAR.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
63-92-3, as enacted by Chapter 165, Laws of Utah 1996
63-92-4, as enacted by Chapter 165, Laws of Utah 1996
REPEALS AND REENACTS:
63-92-2, as enacted by Chapter 165, Laws of Utah 1996
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 63-92-2 is repealed and reenacted to read:
63-92-2. Creation -- Purpose -- Administration -- Access.
(1) There is created the Serious Habitual Offender Comprehensive Action Program
(SHOCAP) to establish a SHOCAP Database to identify and track youthful offenders in order to
assist agencies in providing collaborative and comprehensive services to them.
(2) The database shall be administered by the Administrative Office of the Courts with
information contributed by the following agencies:
(a) the State Office of Education, including all school districts;
(b) the Department of Health;
(c) the Department of Human Services, including all county mental health agencies;

(d) the Department of Public Safety;
(e) all county and municipal law enforcement agencies; and
(f) all county and district attorney offices.
(3) The database shall be maintained in accordance with guidelines established by the task
force created in Section 63-92-3 so that the agencies listed in Subsection (2) can efficiently access
the database.
(4) Information in the database provided by an agency to the database is considered to be
the property of the agency providing the information and retains any classification given it under
Title 63, Chapter 2, Government Records Access and Management Act.
(5) Any person who knowingly releases or discloses information from the database for a
purpose other than authorized by this chapter or to a person who is not entitled to it is guilty of a
Class B misdemeanor.
(6) Neither the state nor the courts are liable to any person for gathering, managing, or using
the information in the database as provided in this chapter.
Section 2. Section 63-92-3 is amended to read:
63-92-3. Establishment of pilot program -- Task force -- Members.
(1) [There is] The SHOCAP program shall be established as a pilot program in Davis County
[designated the Serious Habitual Offender Comprehensive Action Program] until the SHOCAP task
force in conjunction with the Administrative Office of the Courts is satisfied the program is capable
of statewide implementation.
(2) The Commission on Criminal and Juvenile Justice shall form a SHOCAP task force to
[develop recommendations for] implement and review the pilot program.
(3) The SHOCAP task force shall be composed of the following persons, or their designees:
(a) the juvenile court administrator for the 2nd Judicial District;
(b) the superintendent of the Davis County school district;
(c) the [county] Davis County attorney;
(d) a member of the [county] Davis County legislative body;
(e) the [county] Davis County sheriff;

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(f) the chief of police of at least four municipalities within [the county] Davis County;
(g) the [director] commissioner of the Department of Public Safety;
(h) the chief of probation for the 2nd District Juvenile Court;
(i) the director of the Division of Youth Corrections;
(j) the director of the Division of Child and Family Services;
(k) the director of Davis County Mental Health; [and]
(l) the state court administrator;
[(l)] (m) a member of the Commission on Criminal and Juvenile Justice appointed by the
executive director; and
(n) a member of a private provider of after-care services.
Section 3. Section 63-92-4 is amended to read:
63-92-4. Duties -- Report to Legislature.
(1) The task force shall develop [recommendations for] and implement the following:
(a) criteria for determining who is a serious habitual offender (SHO);
(b) what information is needed on each offender for inclusion in [a statewide database] the
program;
(c) who will have access to the database;
(d) who will maintain the database and manage the information in the program;
(e) what the information in the database is to be used for;
(f) penalties for improper use of the information in the database; and
(g) a timetable for expanding the [database] program for statewide use.
(2) The task force shall develop a [database] program which shall be capable of maintaining
the information determined to be necessary under Subsection (1).
(3) The task force shall report to the Judiciary Interim Committee at the last interim meeting
in [1996] 1997 to explain the [program] database and make recommendations regarding statewide
implementation of the [database] program.

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