H.B. 357 Enrolled

SERIOUS HABITUAL OFFENDER COMPREHENSIVE
ACTION PLAN AMENDMENTS
1999 GENERAL SESSION
STATE OF UTAH
Sponsor: Blake D. Chard
AN ACT RELATING TO STATE AFFAIRS IN GENERAL; MAKING CONFORMING
AMENDMENTS NECESSARY TO IMPLEMENT THE PROGRAM STATEWIDE; MAKING
TECHNICAL CORRECTIONS; AND PROVIDING AN EFFECTIVE DATE.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
63-92-2, as last amended by Chapter 108, Laws of Utah 1998
63-92-3, as last amended by Chapter 108, Laws of Utah 1998
REPEALS:
63-92-4, as last amended by Chapter 108, Laws of Utah 1998
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 63-92-2 is amended 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

[oversight committee created in Section 63-92-3 ] Administrative Office of the Courts so that the
agencies listed in Subsection (2) can efficiently access the database.
(4) Information provided by schools in compliance with the provisions of this chapter is
authorized under the Family Educational Rights and Privacy Act Regulations, 34 CFR Part 99.
(5) 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.
(6) 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.
(7) 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 local oversight committees.
[(1) The SHOCAP program shall be established as a program in Davis County until the
SHOCAP oversight committee in conjunction with the Administrative Office of the Courts is
satisfied the program is capable of statewide implementation.]
[(2)] (1) The Commission on Criminal and Juvenile Justice shall administer the statewide
SHOCAP oversight committee and provide periodic review of the [program] programs.
[(3) The] (2) Counties or municipalities implementing SHOCAP shall form a local
oversight committee [shall be] composed of the following persons, or their designees:
(a) the district juvenile court administrator [for the 2nd Judicial District];
(b) the superintendent of the [Davis County] local school district;
(c) the [Davis] local county attorney;
(d) a member of the [Davis] local county or municipal legislative body;
(e) the [Davis] local county sheriff;
(f) [the] a local chief of police [of at least four municipalities within Davis County];
[(g) the commissioner of the Department of Public Safety;]

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[(h)] (g) the local chief of probation for the [2nd District] Juvenile Court;
[(i)] (h) the regional director of the Division of Youth Corrections;
[(j)] (i) the regional director of the Division of Child and Family Services;
[(k)] (j) [the director of the Division of Mental Health] a representative of a local public
mental health provider; and
[(l) the state court administrator;]
[(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.]
(k) any additional members considered appropriate by the local oversight committee.
(3) The local oversight committee shall develop, implement, and periodically review the
following:
(a) standardized criteria as developed by the statewide SHOCAP oversight committee for
determining who is a serious habitual offender (SHO);
(b) what information is needed on each offender for inclusion in 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; and
(f) penalties for improper use of the information in the database.
(4) The local oversight committee shall develop a written interagency information sharing
agreement to be signed by the chief executive officer of each of the agencies represented on the
oversight committee. The sharing agreement shall include the provisions requiring that:
(a) all records pertaining to a SHO be kept confidential;
(b) the disclosure of information to other staff members of signatory agencies be made only
to those staff members who provide direct services or supervision to the SHO; and
(c) all staff members of signatory agencies receiving confidential information concerning
a SHO be subject to the confidentiality requirements of this chapter.
(5) Notwithstanding any other statutory provision, staff members of signatory agencies who

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provide direct services or supervision to SHOCAP youth may distribute photographs of SHOCAP
youth to other staff members of signatory agencies who provide direct services or supervision to
SHOCAP youth.
(6) The local oversight committee shall develop a program which shall be capable of
maintaining the information determined to be necessary under Subsection (3).
Section 3. Repealer.
This act repeals:
Section 63-92-4, Duties -- Report to Legislature.
Section 4. Effective date.
This act takes effect on July 1, 1999.

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