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S.B. 225
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7 AN ACT RELATING TO STATE AFFAIRS IN GENERAL; CREATING THE COMMITTEE
8 ON CRIMINAL JUSTICE FOR YOUTH AND ADULTS WITH MENTAL RETARDATION
9 WITHIN THE COMMISSION ON CRIMINAL AND JUVENILE JUSTICE; DEFINING
10 MEMBERSHIP; DESIGNATING TERMS; PROVIDING FOR STAFFING; REQUIRING AN
11 ANNUAL REPORT; AND PROVIDING AN EFFECTIVE DATE.
12 This act affects sections of Utah Code Annotated 1953 as follows:
13 ENACTS:
14 63-25a-601, Utah Code Annotated 1953
15 63-25a-602, Utah Code Annotated 1953
16 63-25a-603, Utah Code Annotated 1953
17 63-25a-604, Utah Code Annotated 1953
18 63-25a-605, Utah Code Annotated 1953
19 Be it enacted by the Legislature of the state of Utah:
20 Section 1. Section 63-25a-601 is enacted to read:
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23 63-25a-601. Committee on Criminal Justice for Youth and Adults with Mental
24 Retardation -- Creation -- Purpose.
25 (1) There is created within the governor's office the Committee on Criminal Justice for
26 Youth and Adults with Mental Retardation.
27 (2) The purpose of the committee is to:
28 (a) provide a mechanism to coordinate the functions of law enforcement, courts, and
29 human services at various levels of government concerned with criminal and juvenile justice
30 related to youth and adults with mental retardation or related disabilities; and
31 (b) coordinate statewide efforts to reduce crime and victimization of people with mental
32 retardation or related disabilities.
33 Section 2. Section 63-25a-602 is enacted to read:
34 63-25a-602. Membership -- Terms -- Vacancies -- Reappointment.
35 (1) The Committee on Criminal Justice for Youth and Adults with Mental Retardation
36 shall be composed of 17 voting members as follows:
37 (a) one member of the Senate, appointed by the president of the Senate;
38 (b) one member of the House of Representatives, appointed by the speaker of the House;
39 (c) a prosecutor, appointed by the Commission on Criminal and Juvenile Justice;
40 (d) the Director of the Division of Youth Corrections or his designee;
41 (e) the Director of the Department of Corrections or his designee;
42 (f) a District Court or Appellate Court Judge, appointed by the Judicial Council;
43 (g) a juvenile court judge, appointed by the Judicial Council;
44 (h) the director of the Department of Public Safety or his designee;
45 (i) the director of the Division of Services for People with Disabilities or his designee;
46 (j) a member of a civil rights organization, appointed by the governor;
47 (k) a member of an advocacy organization for people with mental retardation, appointed
48 by the governor;
49 (l) a residential provider for individuals with mental retardation, appointed by the
50 governor;
51 (m) two parents of a youth or adult with mental retardation, appointed by the governor;
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53 (n) three citizens at large appointed by the governor.
54 (2) In appointing the members under Subsections (1)(j) through (n), the governor shall
55 consider recommendations from the Governor's Council for People with Disabilities and take into
56 account the geographic makeup of the commission and the representation from local criminal
57 justice advisory groups.
58 (3) Members appointed by the governor shall be appointed to serve four-year terms.
59 (4) The governor shall, at the time of appointment, adjust the length of terms to ensure that
60 the terms of committee members are staggered so that approximately half of the governor's
61 appointees to the committee are appointed every two years.
62 (5) When a vacancy occurs in the membership for any reason, the replacement shall be
63 appointed for the unexpired term.
64 (6) Members appointed by the governor may not serve for more than two consecutive
65 terms.
66 (7) Legislative and judicial members shall be appointed for two-year terms and may not
67 serve more than four consecutive terms.
68 Section 3. Section 63-25a-603 is enacted to read:
69 63-25a-603. Chair -- Vacancies -- Quorum -- Expenses.
70 (1) The Committee on Criminal Justice for Youth and Adults with Mental Retardation
71 shall annually select one of its members to serve as chair.
72 (2) When a vacancy occurs in the membership for any reason, the replacement shall be
73 appointed for the unexpired term in the same manner as the position was originally filled.
74 (3) A majority of the members of the council constitutes a quorum.
75 (4) (a) (i) Members who are not government employees shall receive no compensation or
76 benefits for their services, but may receive per diem and expenses incurred in the performance of
77 the member's official duties at the rates established by the Division of Finance under Sections
78 63A-3-106 and 63A-3-107 .
79 (ii) Members may decline to receive per diem and expenses for their service.
80 (b) (i) State government officer and employee members who do not receive salary, per
81 diem, or expenses from their agency for their service may receive per diem and expenses incurred
82 in the performance of their official duties from the council at the rates established by the Division
83 of Finance under Sections 63A-3-106 and 63A-3-107 .
84 (ii) State government officer and employee members may decline to receive per diem and
85 expenses for their service.
86 (c) Legislators on the committee shall receive compensation and expenses as provided by
87 law and legislative rule.
88 (d) (i) Local government members who do not receive salary, per diem, or expenses from
89 the entity that they represent for their service may receive per diem and expenses incurred in the
90 performance of their official duties at the rates established by the Division of Finance under
91 Sections 63A-3-106 and 63A-3-107 .
92 (ii) Local government members may decline to receive per diem and expenses for their
93 service.
94 Section 4. Section 63-25a-604 is enacted to read:
95 63-25a-604. Committee duties -- Staffing.
96 (1) The committee shall:
97 (a) promote the communication and coordination of criminal, juvenile justice, and human
98 service agencies at all levels and jurisdictions;
99 (b) study, evaluate, and report on:
100 (i) the status of youth and adults with mental retardation or other related disabilities who
101 are accused or convicted of crimes in the state; and
102 (ii) the effectiveness of criminal justice policies, procedures, and programs that are
103 directed toward the reduction of crime by youth and adults with mental retardation or related
104 disabilities;
105 (c) identify and promote the implementation of specific policies and programs the
106 committee determines will significantly reduce crime by youth and adults with mental retardation
107 or related disabilities; and
108 (d) provide technical assistance to agencies or local units of government on methods to
109 reduce crime and recidivism by people with mental retardation or related disabilities, and promote
110 the safety of people with mental retardation in correctional facilities and programs.
111 (2) The committee shall meet at least quarterly.
112 (3) The Commission on Criminal and Juvenile Justice shall provide staff to the committee.
113 Section 5. Section 63-25a-605 is enacted to read:
114 63-25a-605. Reporting requirements.
115 (1) The committee:
116 (a) shall annually prepare and publish a report detailing its activities for the preceding year;
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118 (b) may make recommendations to the commission concerning youth and adults with
119 mental retardation within the criminal justice system.
120 (2) The committee's report shall be distributed to the governor, Legislature, Commission
121 on Criminal and Juvenile Justice, the Governor's Council for People with Disabilities, and the
122 Judicial Council.
123 Section 6. Effective date.
124 This act takes effect on July 1, 2000.
Legislative Review Note
as of 2-7-00 2:23 PM
A limited legal review of this legislation raises no obvious constitutional or statutory concerns.