H.B. 5 Enrolled

SERIOUS HABITUAL OFFENDER COMPREHENSIVE
ACTION PROGRAM AMENDMENT
2001 GENERAL SESSION
STATE OF UTAH
Sponsor: DeMar Bud Bowman
This act modifies the Serious Habitual Offender Comprehensive Action Program (SHOCAP)
Act. The act requires the designated agency to notify the serious habitual offender (SHO)
and the parent or guardian when the SHO is included in the SHOCAP program.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
63-92-3, as last amended by Chapter 304, Laws of Utah 1999
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 63-92-3 is amended to read:
63-92-3. Establishment of local oversight committees -- Interagency information
sharing.
(1) The Commission on Criminal and Juvenile Justice shall administer the statewide
SHOCAP oversight committee and provide periodic review of the programs.
(2) Counties or municipalities implementing SHOCAP shall form a local oversight
committee composed of the following persons, or their designees:
(a) the district juvenile court administrator;
(b) the superintendent of the local school district;
(c) the local county attorney;
(d) a member of the local county or municipal legislative body;
(e) the local county sheriff;
(f) a local chief of police;
(g) the local chief of probation for the Juvenile Court;
(h) the regional director of the Division of Youth Corrections;
(i) the regional director of the Division of Child and Family Services;
(j) a representative of a local public mental health provider; and

(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) when a SHO is included in the SHOCAP program for the purposes of tracking and
providing coordinated services, the local law enforcement agency or an agency designated by the
interagency agreement shall as soon as reasonably possible notify the SHO and the parent or
guardian of the SHO;
[(b)] (c) 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)] (d) 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
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).

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