This document includes House Floor Amendments incorporated into the bill on Mon, Feb 12, 2018 at 12:33 PM by bbryner.
Representative Ken Ivory proposes the following substitute bill:


1     
TRAUMA-INFORMED JUSTICE PROVISIONS

2     
2018 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Ken Ivory

5     
Senate Sponsor: Luz Escamilla

6     

7     LONG TITLE
8     General Description:
9          This bill addresses trauma-informed justice.
10     Highlighted Provisions:
11          This bill:
12          ▸     modifies the duties of the Commission on Criminal and Juvenile Justice;
13          ▸     creates a trauma-informed justice program, including:
14               •     defining terms;
15               •     creating a committee;
16               •     establishing powers and duties of the committee;
17               •     providing for a performance incentive grant program; and
18               •     requiring reporting; and
19          ▸     makes technical changes.
20     Money Appropriated in this Bill:
21          None
22     Other Special Clauses:
23          This bill provides a special effective date.
24     Utah Code Sections Affected:
25     AMENDS:

26          63M-7-204, as last amended by Laws of Utah 2017, Chapter 330
27     ENACTS:
28          63M-7-209, Utah Code Annotated 1953
29     

30     Be it enacted by the Legislature of the state of Utah:
31          Section 1. Section 63M-7-204 is amended to read:
32          63M-7-204. Duties of commission.
33          (1) The State Commission on Criminal and Juvenile Justice administration shall:
34          (a) promote the commission's purposes as enumerated in Section 63M-7-201;
35          (b) promote the communication and coordination of all criminal and juvenile justice
36     agencies;
37          (c) study, evaluate, and report on the status of crime in the state and on the
38     effectiveness of criminal justice policies, procedures, and programs that are directed toward the
39     reduction of crime in the state;
40          (d) study, evaluate, and report on programs initiated by state and local agencies to
41     address reducing recidivism, including changes in penalties and sentencing guidelines intended
42     to reduce recidivism, costs savings associated with the reduction in the number of inmates, and
43     evaluation of expenses and resources needed to meet goals regarding the use of treatment as an
44     alternative to incarceration, as resources allow;
45          (e) study, evaluate, and report on policies, procedures, and programs of other
46     jurisdictions which have effectively reduced crime;
47          (f) identify and promote the implementation of specific policies and programs the
48     commission determines will significantly reduce crime in Utah;
49          (g) provide analysis and recommendations on all criminal and juvenile justice
50     legislation, state budget, and facility requests, including program and fiscal impact on all
51     components of the criminal and juvenile justice system;
52          (h) provide analysis, accountability, recommendations, and supervision for state and
53     federal criminal justice grant money;
54          (i) provide public information on the criminal and juvenile justice system and give
55     technical assistance to agencies or local units of government on methods to promote public
56     awareness;

57          (j) promote research and program evaluation as an integral part of the criminal and
58     juvenile justice system;
59          (k) provide a comprehensive criminal justice plan annually;
60          (l) review agency forecasts regarding future demands on the criminal and juvenile
61     justice systems, including specific projections for secure bed space;
62          (m) promote the development of criminal and juvenile justice information systems that
63     are consistent with common standards for data storage and are capable of appropriately sharing
64     information with other criminal justice information systems by:
65          (i) developing and maintaining common data standards for use by all state criminal
66     justice agencies;
67          (ii) annually performing audits of criminal history record information maintained by
68     state criminal justice agencies to assess their accuracy, completeness, and adherence to
69     standards;
70          (iii) defining and developing state and local programs and projects associated with the
71     improvement of information management for law enforcement and the administration of
72     justice; and
73          (iv) establishing general policies concerning criminal and juvenile justice information
74     systems and making rules as necessary to carry out the duties under Subsection (1)(k) and this
75     Subsection (1)(m);
76          (n) allocate and administer grants, from money made available, for approved education
77     programs to help prevent the sexual exploitation of children;
78          (o) allocate and administer grants funded from money from the Law Enforcement
79     Operations Account created in Section 51-9-411 for law enforcement operations and programs
80     related to reducing illegal drug activity and related criminal activity;
81          (p) request, receive, and evaluate data and recommendations collected and reported by
82     agencies and contractors related to policies recommended by the commission regarding
83     recidivism reduction;
84          (q) establish and administer a performance incentive grant program that allocates funds
85     appropriated by the Legislature to programs and practices implemented by counties that reduce
86     recidivism and reduce the number of offenders per capita who are incarcerated;
87          (r) oversee or designate an entity to oversee the implementation of juvenile justice

88     reforms; [and]
89          (s) make rules and administer the juvenile holding room standards and juvenile jail
90     standards to align with the Juvenile Justice and Delinquency Prevention Act requirements
91     pursuant to 42 U.S.C. Sec. 5633[.]; and
92          (t) oversee the trauma-informed justice program described in Section 63M-7-209.
93          (2) If the commission designates an entity under Subsection (1)(r), the commission
94     shall ensure that the membership of the entity includes representation from the three branches
95     of government and, as determined by the commission, representation from relevant stakeholder
96     groups across all parts of the juvenile justice system, including county representation.
97          Section 2. Section 63M-7-209 is enacted to read:
98          63M-7-209. Trauma-informed justice program.
99          (1) As used in this section:
100          (a) "Committee" means the Multi-Disciplinary Trauma-Informed Committee created
101     under Subsection (2).
102          (b) "First responder" includes:
103          (i) a law enforcement officer, as defined in Section 53-13-103;
104          (ii) emergency medical service personnel, as defined in Section 26-8a-102; and
105          (iii) a firefighter.
106          (c) "Trauma-informed" means a policy, procedure, program, or practice that
107     demonstrates an ability to minimize retraumatization associated with the criminal and juvenile
108     justice system.
109          (d) "Victim" means the same as that term is defined in Section 77-37-2.
110          (2) (a) The commission shall create a committee known as the Multi-Disciplinary
111     Trauma-Informed Committee to assist the commission in meeting the requirements of this
112     section. The commission shall provide for the membership, terms, and quorum requirements of
113     the committee, except that:
114          (i) at least one member of the committee shall be a victim;
115          (ii) the executive director of the Department of Health or the executive director's
116     designee shall be on the committee;
117          (iii) the executive director of the Department of Human Services or the executive
118     director's designee shall be on the committee; Ĥ→ [
and]
118a      (iv) a member of the Utah Intergenerational Welfare Reform Commission, created in Section
118b     35A-9-301, as chosen by the chair of the Utah Intergenerational Welfare Reform Commission
118c     shall be on the committee; and ←Ĥ
119          Ĥ→ [
(iv)] (v) ←Ĥ the commission shall terminate the committee on June 30, 2020.
120          (b) The commission shall use the Utah Office for Victims of Crime, the Utah Office on
121     Domestic and Sexual Violence, and the Utah Council on Victims of Crime in meeting the
122     requirements of this section.
123          (3) (a) The committee shall work with statewide coalitions, children's justice centers,
124     and other stakeholders to complete, by no later than September 1, 2019, a review of current and
125     recommended trauma-informed policies, procedures, programs, or practices in the state's
126     criminal and juvenile justice system, including:
127          (i) reviewing the role of victim advocates and victim services in the criminal and
128     juvenile justice system and:
129          (A) how to implement the option of a comprehensive, seamless victim advocate system
130     that is based on the best interests of victims and assists a victim throughout the criminal and
131     juvenile justice system or a victim's process of recovering from the trauma the victim
132     experienced as a result of being a victim of crime; and
133          (B) recommending what minimum qualifications a victim advocate must meet,
134     including recommending trauma-informed training or trauma-informed continuing education
135     hours;
136          (ii) reviewing of best practice standards and protocols, including recommending
137     adoption or creation of trauma-informed interview protocols, that may be used to train persons
138     within the criminal and juvenile justice system concerning trauma-informed policies,
139     procedures, programs, or practices, including training of:
140          (A) peace officers that is consistent with the training developed under Section
141     76-5-608;
142          (B) first responders;
143          (C) prosecutors;
144          (D) defense counsel;
145          (E) judges and other court personnel;
146          (F) the Board of Pardons and Parole and its personnel;
147          (G) the Department of Corrections, including Adult Probation and Parole; and
148          (H) others involved in the state's criminal and juvenile justice system;
149          (iii) recommending outcome based metrics to measure achievement related to

150     trauma-informed policies, procedures, programs, or practices in the criminal and juvenile
151     justice system;
152          (iv) recommending minimum qualifications and continuing education of individuals
153     providing training, consultation, or administrative supervisory consultation within the criminal
154     and juvenile justice system regarding trauma-informed policies, procedures, programs, or
155     practices;
156          (v) identifying needs that are not funded or that would benefit from additional
157     resources;
158          (vi) identifying funding sources, including outlining the restrictions on the funding
159     sources, that may fund trauma-informed policies, procedures, programs, or practices;
160          (vii) reviewing which governmental entities should have the authority to implement
161     recommendations of the committee; and
162          (viii) reviewing the need, if any, for legislation or appropriations to meet budget needs.
163          (b) Whenever the commission conducts a related survey, the commission, when
164     possible, shall include how victims and their family members interact with Utah's criminal and
165     juvenile justice system, including whether the victims and family members are treated with
166     trauma-informed policies, procedures, programs, or practices throughout the criminal and
167     juvenile justice system.
168          (4) The commission shall establish and administer a performance incentive grant
169     program that allocates money appropriated by the Legislature to public or private entities:
170          (a) to provide advocacy and related service for victims in connection with the Board of
171     Pardons and Parole process; and
172          (b) that have demonstrated experience and competency in the best practices and
173     standards of trauma-informed care.
174          (5) The commission shall report to the Judiciary Interim Committee, at the request of
175     the Judiciary Interim Committee, and the Law Enforcement and Criminal Justice Interim
176     Committee by no later than the September 2019 interim regarding the grant under Subsection
177     (4), the committee's activities under this section, and whether the committee should be
178     extended beyond June 30, 2020.
179          Section 3. Effective date.
180          If approved by two-thirds of all the members elected to each house, this bill takes effect

181     upon approval by the governor, or the day following the constitutional time limit of Utah
182     Constitution, Article VII, Section 8, without the governor's signature, or in the case of a veto,
183     the date of veto override.