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S.B. 7 Enrolled

                 

YOUTH PAROLE AUTHORITY AMENDMENTS

                 
1999 GENERAL SESSION

                 
STATE OF UTAH

                 
Sponsor: Joseph L. Hull

                  AN ACT RELATING TO HUMAN SERVICES; EXPANDING THE MEMBERSHIP OF THE
                  YOUTH PAROLE AUTHORITY TO INCLUDE TEMPORARY MEMBERS; AND MAKING
                  TECHNICAL CORRECTIONS.
                  This act affects sections of Utah Code Annotated 1953 as follows:
                  AMENDS:
                      62A-7-109, as last amended by Chapter 243, Laws of Utah 1996
                  Be it enacted by the Legislature of the state of Utah:
                      Section 1. Section 62A-7-109 is amended to read:
                       62A-7-109. Youth Parole Authority -- Expenses -- Responsibilities -- Procedures.
                      (1) There is created within the division a Youth Parole Authority.
                      (2) The authority is composed of ten part-time members and five pro tempore members
                  who are residents of this state. No more than three pro tempore members may serve on the
                  authority at any one time. Throughout this section, the term "member" shall refer to both part-time
                  and pro tempore members of the Youth Parole Authority.
                      (3) (a) Except as required by Subsection (b), [the] members shall be appointed to four-year
                  terms by the governor with the advice and consent of the Senate.
                      (b) Notwithstanding the requirements of Subsection (a), the governor shall, at the time of
                  appointment or reappointment, adjust the length of terms to ensure that the terms of authority
                  members are staggered so that approximately half of the authority is appointed every two years.
                      (4) Each member shall have training or experience in social work, law, juvenile or criminal
                  justice, or related behavioral sciences.
                      (5) When a vacancy occurs in the membership for any reason, the replacement shall be
                  appointed for the unexpired term.
                      (6) During the tenure of his appointment, a member may not:
                      (a) be an employee of the department, other than in his capacity as a member of the


                  authority;
                      (b) hold any public office;
                      (c) hold any position in the state's juvenile justice system; or
                      (d) be an employee, officer, advisor, policy board member, or subcontractor of any juvenile
                  justice agency or its contractor.
                      (7) In extraordinary circumstances or when a regular board member is absent or otherwise
                  unavailable, the chair may assign a pro tempore member to act in their place.
                      [(7)] (8) (a) Members shall receive no compensation or benefits for their services, but may
                  receive per diem and expenses incurred in the performance of the member's official duties at the
                  rates established by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .
                      (b) Members may decline to receive per diem and expenses for their service.
                      [(8)] (9) The authority shall determine appropriate parole dates for youth offenders, based
                  on guidelines established by the board. The board shall review and update policy guidelines
                  annually.
                      [(9)] (10) Youth offenders may be paroled to their own homes, to a residential
                  community-based program, to a nonresidential community-based treatment program, to an approved
                  independent living setting, or to other appropriate residences, but shall remain on parole until parole
                  is terminated by the authority.
                      [(10)] (11) The division's case management staff shall implement parole release plans and
                  shall supervise youth offenders while on parole.
                      [(11)] (12) The division shall permit the authority to have reasonable access to youth
                  offenders in secure facilities and shall furnish all pertinent data requested by the authority in matters
                  of parole, revocation, and termination.

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