H.B. 133 Enrolled

EFFECTIVE LAW ENFORCEMENT
1998 GENERAL SESSION
STATE OF UTAH
Sponsor: John E. Swallow
AN ACT RELATING TO CRIMINAL LAW AND PUBLIC SAFETY; AMENDING THE
PURPOSES OF THE CRIMINAL AND JUVENILE JUSTICE COMMISSION; AMENDING
THE PURPOSES AND MEMBERSHIP OF THE SUBSTANCE ABUSE AND
ANTI-VIOLENCE COORDINATING COUNCIL; INCLUDING SPECIFIC DUTIES FOR
THE COMMISSION AND THE COUNCIL TO PROVIDE INFORMATION AND
ASSISTANCE TO STATE AND LOCAL CRIMINAL JUSTICE AGENCIES TO ENHANCE
THEIR EFFORTS TO SIGNIFICANTLY REDUCE CRIME; AND PROVIDING FOR A
COORDINATION CLAUSE.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
63-25a-101, as renumbered and amended by Chapter 242, Laws of Utah 1996
63-25a-103, as renumbered and amended by Chapter 242, Laws of Utah 1996
63-25a-104, as renumbered and amended by Chapter 242, Laws of Utah 1996
63-25a-201, as last amended by Chapter 308, Laws of Utah 1997
63-25a-203, as last amended by Chapter 308, Laws of Utah 1997
ENACTS:
63-25a-104.5, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 63-25a-101 is amended to read:
63-25a-101. Creation -- Purpose.
(1) The State Commission on Criminal and Juvenile Justice is [hereby] created within the
governor's office.
(2) The commission's purpose is to:
(a) significantly reduce crime and victimization in the state of Utah;
(b) promote broad philosophical agreement concerning the objectives of the criminal and

juvenile justice system in Utah; [and to]
(c) 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[.]; and
(d) accomplish the duties enumerated in Section 63-25a-104.
Section 2. Section 63-25a-103 is amended to read:
63-25a-103. Executive director -- Qualifications -- Compensation -- Appointment --
Functions.
(1) The governor, with the advice and consent of the Senate, shall appoint a person
experienced in the field of criminal justice and in administration [to act] as the executive director of
the Commission on Criminal and Juvenile Justice. The governor shall establish the executive
director's salary within the salary range fixed by the Legislature in Title 67, Chapter 22, State Officer
Compensation.
(2) (a) The executive director, under the direction of the commission, shall administer the
duties of the commission and act as the governor's advisor on state, regional, metropolitan, and local
government planning as it relates to criminal justice.
(b) [Nothing in this chapter, however, shall be deemed to] This chapter does not derogate
the planning authority conferred on state, regional, metropolitan, and local governments by existing
law.
Section 3. Section 63-25a-104 is amended to read:
63-25a-104. Duties of commission.
The state commission on criminal and juvenile justice administration shall:
(1) promote the communication and coordination of all criminal and juvenile justice
agencies, including coordination by those agencies in their implementation and operation of
programs and other efforts to reduce crime;
(2) promote the commission's purposes as enumerated in Section 63-25a-101;
(3) study, evaluate, and report on the status of crime in the state and on the effectiveness of
criminal justice policies, procedures, and programs that are directed toward the reduction of crime
in the state;

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(4) study, evaluate, and report on policies, procedures, and programs of other jurisdictions
which have effectively reduced crime rates and victimization;
(5) identify and promote the implementation of specific policies and programs the
commission determines will significantly reduce crime and victimization in Utah;
(6) publish the recommendations made under Section 63-25a-104.5;
[(2)] (7) provide analysis and recommendations on all criminal and juvenile justice
legislation, state budget, and facility requests, including program and fiscal impact on all
components of the criminal and juvenile justice system;
[(3)] (8) provide analysis, accountability, recommendations, and supervision for federal
criminal justice grant monies;
[(4)] (9) provide public information on the criminal and juvenile justice system and give
technical assistance to agencies or local units of government on methods to promote public
awareness;
[(5)] (10) promote research and program evaluation as an integral part of the criminal and
juvenile justice system;
[(6)] (11) provide a comprehensive criminal justice plan annually, that includes a strategic
plan for the efficient management of information resources;
[(7)] (12) review agency forecasts regarding future demands on the criminal and juvenile
justice systems, including specific projections for secure bed space; and
[(8)] (13) promote the development of criminal and juvenile justice information systems that
are consistent with common standards for data storage and are capable of appropriately sharing
information with other criminal justice information systems by:
(a) developing and maintaining common data standards for use by all state criminal justice
agencies;
(b) annually performing audits of criminal history record information maintained by state
criminal justice agencies to assess their accuracy, completeness, and adherence to standards;
(c) defining and developing state and local programs and projects associated with the
improvement of information management for law enforcement and the administration of justice; and

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(d) establishing general policies concerning criminal justice information systems and making
rules as necessary to carry out the duties under this Subsection (13) and Subsection [(6)] (11).
Section 4. Section 63-25a-104.5 is enacted to read:
63-25a-104.5. Annual report by the commission.
On or before October 1, the commission shall annually prepare and publish a report directed
to the governor, the Legislature, and the Judicial Council, and to each political subdivision of the
state. The report shall describe:
(1) how the commission fulfilled its statutory purposes during the year;
(2) how the commission accomplished its duties under Section 63-25a-104, with specific
emphasis on:
(a) the status of crime in Utah, including statistics for the last five years; and
(b) effective programs in Utah and other states for reducing crime and victimization; and
(3) the commission's specific recommendations addressing:
(a) how crime and victimization may be significantly reduced during the year following the
publication of the report, and during the five years following the report;
(b) how criminal and juvenile justice agencies may be more effective in reaching their
objectives, including reduction of crime and victimization;
(c) suggested legislation necessary to accomplish the objective of significantly reducing
crime and victimization in the state; and
(d) how all criminal and juvenile justice agencies may coordinate and work together more
effectively to reduce crime and victimization.
Section 5. Section 63-25a-201 is amended to read:
63-25a-201. Creation of council -- Membership -- Terms.
(1) There is created within the governor's office the Utah Substance Abuse and
Anti-Violence Coordinating Council.
(2) The Utah Substance Abuse and Anti-Violence Coordinating Council comprises [23] 26
voting members as follows:
(a) a member of the House of Representatives annually designated by the speaker;

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(b) a member of the Senate annually designated by the president;
(c) a member of the judiciary annually designated by the chief justice of the Utah Supreme
Court;
(d) the attorney general;
(e) a county commissioner annually designated by the Utah Association of Counties;
(f) the commissioner of public safety;
(g) the director of the Division of Substance Abuse;
(h) the state superintendent of public instruction;
(i) a representative from the offices of minority affairs annually designated by the directors
of those offices or a designee;
(j) the director of the Department of Health;
(k) the director of the Division of Mental Health;
(l) the executive director of the Commission on Criminal and Juvenile Justice;
(m) the governor or his designee;
(n) the chairs of the Justice, Prevention, Treatment, and Judiciary Committees;
(o) the executive director of the Department of Corrections;
(p) the director of the Division of Youth Corrections;
(q) a representative annually designated by the Utah League of Cities and Towns;
(r) the chair of the Domestic Violence Advisory Council or his designee;
(s) a representative of the Utah National Guard, appointed by the governor to a two-year
term; [and]
(t) [one member] four members of the general public appointed by the governor with the
advice and consent of the Senate to [a] two-year [term.] terms:
(i) one resident of the state who has been personally affected by domestic violence;
(ii) one resident of the state who has been personally affected by gang violence;
(iii) one resident of the state who has been personally affected by alcohol or other drug
abuse; and
(iv) one citizen representative.

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Section 6. Section 63-25a-203 is amended to read:
63-25a-203. Duties of council.
(1) The Utah Substance Abuse and Anti-Violence Coordinating Council shall:
(a) provide leadership and generate unity for Utah's ongoing efforts to combat substance
abuse and community violence;
(b) recommend and coordinate the creation, dissemination, and implementation of a statewide
substance abuse and anti-violence policy;
(c) facilitate planning for a balanced continuum of substance abuse and community violence
prevention, treatment, and criminal justice services;
(d) promote collaboration and mutually beneficial public and private partnerships;
(e) coordinate recommendations made by the subcommittees under Section 63-25a-206;
[and]
(f) analyze and provide an objective assessment of all proposed legislation concerning
alcohol and other drug issues and community violence issues[.];
(g) consolidate and review studies concerning violence and substance abuse in Utah and
report findings as required in Subsection (3); and
(h) include in the report recommendations regarding how to significantly reduce substance
abuse and violence, as measured by available indicators of drug use, crime, and violence, during the
year following the publication of the report, and during the five years following the report.
(2) The council shall meet quarterly or more frequently as determined necessary by the chair.
(3) The council shall report its recommendations annually to the commission, governor [and
the], Legislature [annually.], and judicial council.
Section 7. Coordination clause.
If this bill and S.B. 187, Utah Council on Victims, both pass in the 1998 General Session,
it is the intent of the Legislature that:
(1) Subsection 63-25a-102(1)(c) be inserted and read: "the chair of the Utah Council on
Victims.";
(2) the number of members on the commission in Subsection 63-25a-102(1) be adjusted to

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add the chair of the Utah Council on Victims; and
(3) Subsection 63-25a-102(1) be adjusted for technical changes as needed.

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