H.B. 104

1

COMMISSION ON RACIAL AND ETHIC
2 FAIRNESS
3 2006 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Duane E. Bourdeaux
6 Senate Sponsor: ____________
7
8 LONG TITLE
9 General Description:
10 This bill creates the Commission on Racial and Ethnic Fairness in the Criminal and
11 Juvenile Justice System and specifies membership, purpose, duties, and reporting
12 requirements.
13 Highlighted Provisions:
14 This bill:
15 . creates a Commission on Racial and Ethnic Fairness in the Criminal and Juvenile
16 Justice System composed of 30 members;
17 . houses the commission within the governor's office; and
18 . sets out the purpose, duties, and reporting requirements.
19 Monies Appropriated in this Bill:
20 None
21 Other Special Clauses:
22 This bill takes effect on July 1, 2006.
23 Utah Code Sections Affected:
24 ENACTS:
25 63-25a-601, Utah Code Annotated 1953
26 63-25a-602, Utah Code Annotated 1953
27 63-25a-603, Utah Code Annotated 1953

28 63-25a-604, Utah Code Annotated 1953
29 63-25a-605, Utah Code Annotated 1953
30 63-25a-606, Utah Code Annotated 1953
31
32 Be it enacted by the Legislature of the state of Utah:
33 Section 1. Section 63-25a-601 is enacted to read:
34 Part 6. Commission on Racial and Ethnic Fairness
35 63-25a-601. Commission on Racial and Ethnic Fairness in the Criminal and
36 Juvenile Justice System -- Creation -- Purpose.
37 (1) There is created within the governor's office the Utah Commission on Racial and
38 Ethnic Fairness in the Criminal and Juvenile Justice System.
39 (2) The commission's purpose is to:
40 (a) provide leadership and focus for Utah's ongoing efforts to advance racial and ethnic
41 fairness within the criminal and juvenile justice system and monitor those efforts;
42 (b) recommend and coordinate systemwide efforts to implement programs, policies,
43 and activities identified by the commission;
44 (c) promote collaboration and mutually beneficial public, private, and community
45 partnerships; and
46 (d) coordinate and assist in the implementation of recommendations made by it or any
47 special committees created under Section 63-25a-604 .
48 Section 2. Section 63-25a-602 is enacted to read:
49 63-25a-602. Composition -- Appointments -- Terms -- Vacancies -- Removal.
50 (1) The commission shall be composed of 30 voting members as follows:
51 (a) the governor or the governor's designee;
52 (b) the attorney general or the attorney general's designee;
53 (c) the commissioner of public safety or the commissioner's designee;
54 (d) the executive director of the Commission on Criminal and Juvenile Justice or the
55 executive director's designee;
56 (e) the executive director of the Department of Corrections or the executive director's
57 designee;
58 (f) the director of Peace Officer Standards and Training or the director's designee;

59 (g) the director of Juvenile Justice Services or the director's designee;
60 (h) the chair of the Board of Pardons and Parole or the chair's designee;
61 (i) the chair of the Utah Board of Juvenile Justice or the chair's designee;
62 (j) the director of the Sentencing Commission or the director's designee;
63 (k) a member of the Asian community appointed by the Asian Advisory Council;
64 (l) a member of the Black community appointed by the Black Advisory Council;
65 (m) a member of the Hispanic community appointed by the Hispanic Advisory
66 Council;
67 (n) a member of the Pacific Islander community appointed by the Pacific Islander
68 Advisory Council;
69 (o) a member of the Native American community appointed by the director of the
70 Division of Indian Affairs;
71 (p) the president of the Utah Sheriffs Association or a sheriff designated by the
72 association's president;
73 (q) the president of the Chiefs of Police Association or a chief of police designated by
74 the association's president;
75 (r) a member of the House of Representatives, appointed by the speaker of the House;
76 (s) a member of the Senate, appointed by the president of the Senate;
77 (t) the State Court Administrator or the administrator's designee;
78 (u) the following members appointed by the chief justice as presiding officer of the
79 Judicial Council to serve staggered four-year terms:
80 (i) a juvenile court judge;
81 (ii) a district court judge;
82 (iii) an appellate court judge; and
83 (iv) a justice court judge;
84 (v) the following members appointed by the governor to serve staggered four-year
85 terms:
86 (i) a person knowledgeable about disproportionate minority contact in the juvenile
87 justice system; and
88 (ii) three members from the general public knowledgeable about racial and ethnic
89 issues in the justice system; and

90 (w) the following members appointed by the president of the Utah State Bar to serve
91 staggered four-year terms:
92 (i) a prosecuting attorney; and
93 (ii) a legal defender.
94 (2) The appointing authority shall, at the time of appointment, adjust the length of
95 terms to ensure that the terms of commission members are staggered so that approximately half
96 of the commission is appointed every two years.
97 (3) When a vacancy occurs in the membership for any reason, the replacement shall be
98 appointed for the unexpired term in the same manner as the position was originally filled.
99 (4) Members serve at the will of the appointing authority for the duration of their
100 terms.
101 Section 3. Section 63-25a-603 is enacted to read:
102 63-25a-603. Chair -- Quorum -- Expenses.
103 (1) The governor shall appoint a member of the commission to serve as chair.
104 (a) The chair is responsible for the call and conduct of meetings.
105 (b) The chair shall call and hold meetings of the commission at least quarterly.
106 (2) A majority of the members of the commission constitute a quorum.
107 (3) The action of a majority of a quorum constitutes the action of the commission.
108 (4) (a) (i) Members who are not government employees shall receive no compensation
109 or benefits for their services, but may receive per diem and expenses incurred in the
110 performance of the member's official duties at the rates established by the Division of Finance
111 under Sections 63A-3-106 and 63A-3-107 .
112 (ii) Members may decline to receive per diem and expenses for their service.
113 (b) (i) State government officer and employee members who do not receive salary, per
114 diem, or expenses from their agency for their service may receive per diem and expenses
115 incurred in the performance of their official duties from the council at the rates established by
116 the Division of Finance under Sections 63A-3-106 and 63A-3-107 .
117 (ii) State government officer and employee members may decline to receive per diem
118 and expenses for their service.
119 (c) Legislators on the council shall receive compensation and expenses as provided by
120 law and legislative rule.

121 (d) (i) Local government members who do not receive salary, per diem, or expenses
122 from the entity that they represent for their service may receive per diem and expenses incurred
123 in the performance of their official duties at the rates established by the Division of Finance
124 under Sections 63A-3-106 and 63A-3-107 .
125 (ii) Local government members may decline to receive per diem and expenses for their
126 service.
127 Section 4. Section 63-25a-604 is enacted to read:
128 63-25a-604. Duties of commission.
129 (1) The Commission on Racial and Ethnic Fairness in the Criminal and Juvenile
130 Justice System shall:
131 (a) promote the commission's purposes as listed in Section 63-25a-601 ;
132 (b) study, evaluate, and report on the status and effectiveness of policies, procedures,
133 and programs that promote racial and ethnic fairness in the justice system;
134 (c) study and evaluate the policies, procedures, and programs implemented by other
135 states that address racial and ethnic fairness in the justice system; and
136 (d) provide a public forum for public comments on issues related to racial and ethnic
137 fairness in the justice system.
138 (2) To accomplish its duties, the commission may:
139 (a) request and receive from any state or local governmental agency or institution,
140 summary information related to racial and ethnic minority populations, including:
141 (i) reports;
142 (ii) audits; and
143 (iii) statistics;
144 (b) apply for and accept grants or donations for uses consistent with the duties of the
145 commission from public and private sources; and
146 (c) appoint special committees to advise and assist the commission.
147 (3) Any funds received shall be accounted for and expended in compliance with the
148 requirements of federal and state law.
149 (4) (a) Members of any special committees described in Subsection (2)(c):
150 (i) shall be appointed by the commission; and
151 (ii) may be members of the commission or individuals from the private or public

152 sector.
153 (b) Notwithstanding Section 63-25a-603 , members may not receive any reimbursement
154 or pay for any work done in relation to the special committee.
155 (c) A special committee shall regularly report to the commission on the progress of the
156 special committee.
157 (5) The commission shall meet quarterly or more frequently as determined necessary
158 by the chair.
159 Section 5. Section 63-25a-605 is enacted to read:
160 63-25a-605. Annual report by the commission.
161 (1) The commission shall annually prepare and publish a report directed to the:
162 (a) governor;
163 (b) Legislature; and
164 (c) judicial council.
165 (2) The report shall describe how the commission fulfilled its statutory purposes and
166 duties during the year and contain recommendations on how the state should act on issues
167 relating to racial and ethnic fairness in the criminal and juvenile justice system.
168 Section 6. Section 63-25a-606 is enacted to read:
169 63-25a-606. Staffing.
170 The Commission on Criminal and Juvenile Justice shall provide staff to the
171 commission and any special committees established by the commission.
172 Section 7. Effective date.
173 This bill takes effect on July 1, 2006.




Legislative Review Note
as of 12-12-05 3:30 PM

Based on a limited legal review, this legislation has not been determined to have a high
probability of being held unconstitutional.

Office of Legislative Research and General Counsel