7 LONG TITLE
8 General Description:
9 This bill modifies the uses of the Law Enforcement Services Account.
10 Highlighted Provisions:
11 This bill:
12 . provides that funds available in the Law Enforcement Services Account may be
13 distributed to law enforcement agencies based on a formula established by the
14 Commission on Criminal and Juvenile Justice to establish the marginal impact of
15 placing parolees in halfway houses and parole violator centers within the
16 jurisdiction of each law enforcement agency.
17 Money Appropriated in this Bill:
19 Other Special Clauses:
21 Utah Code Sections Affected:
23 51-9-412 , as last amended by Laws of Utah 2013, Chapter 439
25 Be it enacted by the Legislature of the state of Utah:
26 Section 1. Section 51-9-412 is amended to read:
27 51-9-412. Law Enforcement Services Account -- Funding -- Uses.
28 (1) As used in this section:
29 (a) "Account" means the Law Enforcement Services Account.
30 (b) "Commission" means the Commission on Criminal and Juvenile Justice created in
31 Section 63M-7-201 .
32 (c) "Halfway house" means a facility that houses parolees upon release from prison or
33 houses probationers who have violated the terms of their probation.
34 (d) "Law enforcement agency" means a local law enforcement agency.
35 (e) "Parole violator center" means a facility that houses parolees who have violated the
36 conditions of their parole agreement.
37 (2) There is created a restricted account within the General Fund known as the "Law
38 Enforcement Services Account."
39 (3) (a) The Division of Finance shall allocate funds from the collected surcharge in
40 accordance with Subsection 51-9-401 (1)(c) to the account, but not to exceed the amount
41 appropriated by the Legislature.
42 (b) Money in the account shall be appropriated to the commission to administer and
43 distribute to law enforcement agencies providing services directly to areas with halfway houses
44 or parole violator centers, or both.
45 (4) The commission shall allocate funds from the account to local law enforcement
46 agencies on a pro-rata basis determined by the [
48 parole violator centers, or both.
49 (5) (a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
50 the Commission on Criminal and Juvenile Justice shall make rules to establish a formula and
51 procedures by which the marginal impact of parolees and probationers placed is calculated.
52 (b) In making the rules regarding the marginal impact of parolees and probationers, the
53 Commission on Criminal and Juvenile Justice shall consider the following information
54 regarding each applicant for funds:
55 (i) the community share of state inmates as determined by the percentage of the state's
56 population that resides within that community's jurisdiction, as applied to the total state inmate
57 population; and
58 (ii) the marginal impact of state parolees on a community as determined by the
59 community share of state inmates applied to the daily average of occupied beds at halfway
60 houses, parole violator centers, or both within that community.
62 the purposes stated in this section.
64 commission under this section shall prepare, and file with the commission and the state auditor,
65 a report in a form specified by the commission. The report shall include the following:
66 (a) the agency's name;
67 (b) the amount received;
68 (c) how the funds were used, including the impact on crime reduction efforts in areas
69 with halfway houses or parole violator centers, or both; and
70 (d) a statement signed by both the agency's or political subdivision's executive officer
71 or designee and by the agency's legal counsel that all funds were used for law enforcement
72 operations related to reducing criminal activity in areas with halfway houses or parole violator
73 centers, or both.
75 and Criminal Justice Interim Committee annually regarding the funds allocated under this
76 section, including the amounts and uses.
Legislative Review Note
as of 3-4-14 10:09 AM