1     
LAW ENFORCEMENT AND CRIMINAL JUSTICE -

2     
STATUTORY REPORTS REPEAL

3     
2016 GENERAL SESSION

4     
STATE OF UTAH

5     
Chief Sponsor: Don L. Ipson

6     
Senate Sponsor: Todd Weiler

7     

8     LONG TITLE
9     General Description:
10          This bill modifies provisions of the Utah Code regarding annual reporting requirements
11     for agencies.
12     Highlighted Provisions:
13          This bill:
14          ▸     eliminates the following annual agency reporting requirements:
15               •     Commission on Criminal and Juvenile Justice report on the grants allocated
16     from the Law Enforcement Operations Account;
17               •     Commission on Criminal and Juvenile Justice report on the funds allocated
18     from the Law Enforcement Services Account;
19               •     Utah Substance Abuse Advisory Council written report on the implementation,
20     impact, and results of the Drug Offender Reform Act;
21               •     Utah Department of Corrections written report regarding the housing of state
22     inmates in county jails; and
23               •     Commission on Criminal and Juvenile Justice written report on the number of
24     state parole and probationary inmates who are housed in county jails.
25     Money Appropriated in this Bill:
26          None
27     Other Special Clauses:
28          None
29     Utah Code Sections Affected:

30     AMENDS:
31          51-9-411, as last amended by Laws of Utah 2011, Chapter 342
32          51-9-412, as last amended by Laws of Utah 2014, Chapter 280
33          63M-7-305, as last amended by Laws of Utah 2011, Chapter 51
34     REPEALS:
35          64-13e-106, as last amended by Laws of Utah 2015, Chapter 48
36     

37     Be it enacted by the Legislature of the state of Utah:
38          Section 1. Section 51-9-411 is amended to read:
39          51-9-411. Law Enforcement Operations Account -- Share of surcharge -- Uses.
40          (1) As used in this section:
41          (a) "Account" means the Law Enforcement Operations Account.
42          (b) "Commission" means the Commission on Criminal and Juvenile Justice created in
43     Section 63M-7-201.
44          (c) "Law enforcement agency" means a state or local law enforcement agency.
45          (d) "Other appropriate agency" means a state or local government agency, or a nonprofit
46     organization, that works to prevent illegal drug activity and enforce laws regarding illegal drug
47     activity and related criminal activity by:
48          (i) programs, including education, prevention, treatment, and research programs; and
49          (ii) enforcement of laws regarding illegal drugs.
50          (2) There is created a restricted account within the General Fund known as the Law
51     Enforcement Operations Account.
52          (3) (a) The Division of Finance shall allocate the balance of the collected surcharge
53     under Section 51-9-401 that is not allocated under Title 51, Chapter 9, Part 4, Criminal
54     Conviction Surcharge Allocation, to the account, to be appropriated by the Legislature.
55          (b) Money in the account shall be appropriated to the commission for implementing
56     law enforcement operations and programs related to reducing illegal drug activity and related
57     criminal activity as listed in Subsection (5).

58          (c) The state treasurer shall invest money in the account according to Title 51, Chapter
59     7, State Money Management Act.
60          (d) The Division of Finance shall deposit interest or other earnings derived from
61     investment of account money into the General Fund.
62          (4) (a) The commission shall allocate grants of funds from the account for the purposes
63     under Subsection (5) to state, local, or multijurisdictional law enforcement agencies and other
64     appropriate agencies.
65          (b) The grants shall be made by an application process established by the commission
66     in accordance with Subsection (6).
67          (5) (a) The first priority of the commission is to annually allocate not more than
68     $2,500,000, depending upon funding available from other sources, to directly fund the
69     operational costs of state and local law enforcement agencies' drug or crime task forces,
70     including multijurisdictional task forces.
71          (b) The second priority of the commission is to allocate grants for specified law
72     enforcement agency functions and other agency functions as the commission finds appropriate
73     to more effectively reduce illegal drug activity and related criminal activity, including
74     providing education, prevention, treatment, and research programs.
75          (6) (a) In allocating grants and determining the amount of the grants, the commission
76     shall consider:
77          (i) the demonstrated ability of the agency to appropriately use the grant to implement
78     the proposed functions and how this function or task force will add to the law enforcement
79     agency's current efforts to reduce illegal drug activity and related criminal activity; and
80          (ii) the agency's cooperation with other state and local agencies and task forces.
81          (b) Agencies qualify for a grant only if they demonstrate compliance with all reporting
82     and policy requirements applicable under this section and under Title 63M, Chapter 7,
83     Criminal Justice and Substance Abuse, in order to qualify as a potential grant recipient.
84          (7) Recipient agencies may only use grant money after approval or appropriation by the
85     agency's governing body, and a determination that the grant money is nonlapsing.

86          (8) A recipient law enforcement agency may use funds granted under this section only
87     for the purposes stated by the commission in the grant.
88          (9) For each fiscal year, any law enforcement agency that receives a grant from the
89     commission under this section shall prepare, and file with the commission and the state auditor,
90     a report in a form specified by the commission. The report shall include the following
91     regarding each grant:
92          (a) the agency's name;
93          (b) the amount of the grant;
94          (c) the date of the grant;
95          (d) how the grant has been used; and
96          (e) a statement signed by both the agency's or political subdivision's executive officer
97     or designee and by the agency's legal counsel, that all grant funds were used for law
98     enforcement operations and programs approved by the commission and that relate to reducing
99     illegal drug activity and related criminal activity, as specified in the grant.
100          [(10) The commission shall report in writing to the legislative Law Enforcement and
101     Criminal Justice Interim Committee annually regarding the grants allocated under this section,
102     including the amounts and uses of the grants.]
103          Section 2. Section 51-9-412 is amended to read:
104          51-9-412. Law Enforcement Services Account -- Funding -- Uses.
105          (1) As used in this section:
106          (a) "Account" means the Law Enforcement Services Account.
107          (b) "Commission" means the Commission on Criminal and Juvenile Justice created in
108     Section 63M-7-201.
109          (c) "Halfway house" means a facility that houses parolees upon release from prison or
110     houses probationers who have violated the terms of their probation.
111          (d) "Law enforcement agency" means a local law enforcement agency.
112          (e) "Parole violator center" means a facility that houses parolees who have violated the
113     conditions of their parole agreement.

114          (2) There is created a restricted account within the General Fund known as the "Law
115     Enforcement Services Account."
116          (3) (a) The Division of Finance shall allocate funds from the collected surcharge in
117     accordance with Subsection 51-9-401(1)(c) to the account, but not to exceed the amount
118     appropriated by the Legislature.
119          (b) Money in the account shall be appropriated to the commission to administer and
120     distribute to law enforcement agencies providing services directly to areas with halfway houses
121     or parole violator centers, or both.
122          (4) The commission shall allocate funds from the account to local law enforcement
123     agencies on a pro-rata basis determined by:
124          (a) the average daily number of occupied beds in a halfway house in each agency's
125     jurisdiction for increased enforcement in areas with halfway houses;
126          (b) the average daily number of occupied beds in a parole violator center in each
127     agency's jurisdiction; or
128          (c) both Subsections (4)(a) and (b).
129          (5) A law enforcement agency may use funds received under this section only for the
130     purposes stated in this section.
131          (6) For each fiscal year, any law enforcement agency that receives funds from the
132     commission under this section shall prepare, and file with the commission and the state auditor,
133     a report in a form specified by the commission. The report shall include the following:
134          (a) the agency's name;
135          (b) the amount received;
136          (c) how the funds were used, including the impact on crime reduction efforts in areas
137     with halfway houses or parole violator centers, or both; and
138          (d) a statement signed by both the agency's or political subdivision's executive officer
139     or designee and by the agency's legal counsel that all funds were used for law enforcement
140     operations related to reducing criminal activity in areas with halfway houses or parole violator
141     centers, or both.

142          [(7) The commission shall report in writing to the legislative Law Enforcement and
143     Criminal Justice Interim Committee annually regarding the funds allocated under this section,
144     including the amounts and uses.]
145          Section 3. Section 63M-7-305 is amended to read:
146          63M-7-305. Drug Offender Reform Act -- Coordination.
147          (1) As used in this section:
148          (a) "Council" means the Utah Substance Abuse Advisory Council.
149          (b) "Drug Offender Reform Act" and "act" mean the screening, assessment, substance
150     abuse treatment, and supervision provided to convicted offenders under Subsection
151     77-18-1.1(2) to:
152          (i) determine offenders' specific substance abuse treatment needs as early as possible in
153     the judicial process;
154          (ii) expand treatment resources for offenders in the community;
155          (iii) integrate treatment of offenders with supervision by the Department of
156     Corrections; and
157          (iv) reduce the incidence of substance abuse and related criminal conduct.
158          (c) "Substance abuse authority" has the same meaning as in Section 17-43-201.
159          (2) The council shall provide ongoing oversight of the implementation, functions, and
160     evaluation of the Drug Offender Reform Act.
161          (3) The council shall develop an implementation plan for the Drug Offender Reform
162     Act. The plan shall:
163          (a) identify local substance abuse authority areas where the act will be implemented, in
164     cooperation with the Division of Substance Abuse and Mental Health, the Department of
165     Corrections, and the local substance abuse authorities;
166          (b) include guidelines on how funds appropriated under the act should be used;
167          (c) require that treatment plans under the act are appropriate for criminal offenders;
168          (d) include guidelines on the membership of local planning groups;
169          (e) include guidelines on the membership of the Department of Corrections' planning

170     group under Subsection (5); and
171          (f) provide guidelines for the Commission on Criminal and Juvenile Justice to conduct
172     an evaluation of the implementation, impact, and results of the act.
173          (4) (a) Each local substance abuse authority designated under Subsection (3) to
174     implement the act shall establish a local planning group and shall submit a plan to the council
175     detailing how the authority proposes to use the act funds. The uses shall be in accordance with
176     the guidelines established by the council under Subsection (3).
177          (b) Upon approval of the plan by the council, the Division of Substance Abuse and
178     Mental Health shall allocate the funds.
179          (c) Local substance abuse authorities shall annually, on or before October 1, submit to
180     the Division of Substance Abuse and Mental Health and to the council reports detailing use of
181     the funds and the impact and results of the use of the funds during the prior fiscal year ending
182     June 30.
183          (5) (a) The Department of Corrections shall establish a planning group and shall submit
184     a plan to the council detailing how the department proposes to use the act funds. The uses shall
185     be in accordance with the guidelines established by the council under Subsection (3).
186          (b) The Department of Corrections shall annually, before October 1, submit to the
187     council a report detailing use of the funds and the impact and results of the use of the funds
188     during the prior fiscal year ending June 30.
189          [(6) The council shall monitor the progress and evaluation of the act and shall provide
190     a written report on the implementation, impact, and results of the act to the Law Enforcement
191     and Criminal Justice and the Health and Human Services legislative interim committees
192     annually before November 1.]
193          Section 4. Repealer.
194          This bill repeals:
195          Section 64-13e-106, Report to Legislature.