1     
EDUCATION GRANT PROGRAM FOR INDIVIDUALS IN

2     
THE JUSTICE SYSTEM

3     
2018 GENERAL SESSION

4     
STATE OF UTAH

5     
Chief Sponsor: Val K. Potter

6     
Senate Sponsor: Lyle W. Hillyard

7     Cosponsors:
8     Carl R. Albrecht
9     Patrice M. Arent
10     Walt Brooks
11     Rebecca Chavez-Houck
12     Susan Duckworth
13     Steve Eliason
14     Gage Froerer
15     Stephen G. Handy
16     Sandra Hollins
17     Eric K. Hutchings
Karen Kwan
Bradley G. Last
Carol Spackman Moss
Jefferson Moss
Derrin R. Owens
Lee B. Perry
Jeremy A. Peterson
Marie H. Poulson
Susan Pulsipher
Tim Quinn
Edward H. Redd
Angela Romero
Mike Schultz
Raymond P. Ward
Christine F. Watkins
R. Curt Webb
Elizabeth Weight
John R. Westwood
Mark A. Wheatley
Logan Wilde
Mike Winder

18     

19     LONG TITLE
20     General Description:
21          This bill creates a pilot grant program for education programs for individuals in the
22     justice system.
23     Highlighted Provisions:
24          This bill:
25          ▸     addresses the duties of the State Commission on Criminal and Juvenile Justice;
26          ▸     provides for a pilot grant program to facilitate participation in a qualifying

27     education program by certain individuals in the justice system; and
28          ▸     makes technical changes.
29     Money Appropriated in this Bill:
30          None
31     Other Special Clauses:
32          None
33     Utah Code Sections Affected:
34     AMENDS:
35          63M-7-204, as last amended by Laws of Utah 2017, Chapter 330
36     ENACTS:
37          63M-7-209, Utah Code Annotated 1953
38     

39     Be it enacted by the Legislature of the state of Utah:
40          Section 1. Section 63M-7-204 is amended to read:
41          63M-7-204. Duties of commission.
42          (1) The State Commission on Criminal and Juvenile Justice administration shall:
43          (a) promote the commission's purposes as enumerated in Section 63M-7-201;
44          (b) promote the communication and coordination of all criminal and juvenile justice
45     agencies;
46          (c) study, evaluate, and report on the status of crime in the state and on the
47     effectiveness of criminal justice policies, procedures, and programs that are directed toward the
48     reduction of crime in the state;
49          (d) study, evaluate, and report on programs initiated by state and local agencies to
50     address reducing recidivism, including changes in penalties and sentencing guidelines intended
51     to reduce recidivism, costs savings associated with the reduction in the number of inmates, and
52     evaluation of expenses and resources needed to meet goals regarding the use of treatment as an
53     alternative to incarceration, as resources allow;

54          (e) study, evaluate, and report on policies, procedures, and programs of other
55     jurisdictions which have effectively reduced crime;
56          (f) identify and promote the implementation of specific policies and programs the
57     commission determines will significantly reduce crime in Utah;
58          (g) provide analysis and recommendations on all criminal and juvenile justice
59     legislation, state budget, and facility requests, including program and fiscal impact on all
60     components of the criminal and juvenile justice system;
61          (h) provide analysis, accountability, recommendations, and supervision for state and
62     federal criminal justice grant money;
63          (i) provide public information on the criminal and juvenile justice system and give
64     technical assistance to agencies or local units of government on methods to promote public
65     awareness;
66          (j) promote research and program evaluation as an integral part of the criminal and
67     juvenile justice system;
68          (k) provide a comprehensive criminal justice plan annually;
69          (l) review agency forecasts regarding future demands on the criminal and juvenile
70     justice systems, including specific projections for secure bed space;
71          (m) promote the development of criminal and juvenile justice information systems that
72     are consistent with common standards for data storage and are capable of appropriately sharing
73     information with other criminal justice information systems by:
74          (i) developing and maintaining common data standards for use by all state criminal
75     justice agencies;
76          (ii) annually performing audits of criminal history record information maintained by
77     state criminal justice agencies to assess their accuracy, completeness, and adherence to
78     standards;
79          (iii) defining and developing state and local programs and projects associated with the
80     improvement of information management for law enforcement and the administration of

81     justice; and
82          (iv) establishing general policies concerning criminal and juvenile justice information
83     systems and making rules as necessary to carry out the duties under Subsection (1)(k) and this
84     Subsection (1)(m);
85          (n) allocate and administer grants, from money made available, for approved education
86     programs to help prevent the sexual exploitation of children;
87          (o) allocate and administer grants funded from money from the Law Enforcement
88     Operations Account created in Section 51-9-411 for law enforcement operations and programs
89     related to reducing illegal drug activity and related criminal activity;
90          (p) request, receive, and evaluate data and recommendations collected and reported by
91     agencies and contractors related to policies recommended by the commission regarding
92     recidivism reduction;
93          (q) establish and administer a performance incentive grant program that allocates funds
94     appropriated by the Legislature to programs and practices implemented by counties that reduce
95     recidivism and reduce the number of offenders per capita who are incarcerated;
96          (r) oversee or designate an entity to oversee the implementation of juvenile justice
97     reforms; [and]
98          (s) make rules and administer the juvenile holding room standards and juvenile jail
99     standards to align with the Juvenile Justice and Delinquency Prevention Act requirements
100     pursuant to 42 U.S.C. Sec. 5633[.]; and
101          (t) allocate and administer grants, from money made available, for pilot qualifying
102     education programs.
103          (2) If the commission designates an entity under Subsection (1)(r), the commission
104     shall ensure that the membership of the entity includes representation from the three branches
105     of government and, as determined by the commission, representation from relevant stakeholder
106     groups across all parts of the juvenile justice system, including county representation.
107          Section 2. Section 63M-7-209 is enacted to read:

108          63M-7-209. Pilot program of competency-based career and technical education
109     grants.
110          (1) As used in this section:
111          (a) "Certificate program provider" means a technical college that provides
112     competency-based career and technical education.
113          (b) "Commission" means the State Commission on Criminal and Juvenile Justice.
114          (c) (i) "Competency-based career and technical education" means career and technical
115     education that will result in appropriate licensing, certification, or other evidence of completion
116     of training and qualification for specific employment.
117          (ii) "Competency-based career and technical education" includes services provided
118     under Section 53B-2a-106.
119          (d) "Qualifying education program" means a program overseen by a city or county
120     prosecutor office to provide for an individual obtaining:
121          (i) a high school diploma or a Utah high school completion diploma as defined by rule
122     made by the State Board of Education in accordance with Title 63G, Chapter 3, Utah
123     Administrative Rulemaking Act; or
124          (ii) competency-based career and technical education.
125          (e) "Service area" means the area listed in Section 53B-2a-105 for a technical college.
126          (f) "Technical college" means the same as that term is defined in Section 53B-1-101.5.
127          (2) In accordance with this section, the commission shall establish a pilot grant
128     program for fiscal year 2019 that funds the costs of two employees who:
129          (a) are located in different prosecutor offices that operate in areas that have proximity
130     to a technical college; and
131          (b) oversee a program that provides for participation in a qualifying education program
132     by an individual who is convicted of, pleads guilty to, or pleads no contest to a misdemeanor or
133     third degree felony:
134          (i) as an alternative to incarceration;

135          (ii) for a reduction of fines or court fees;
136          (iii) for a two-step conviction reduction under Section 76-3-402; or
137          (iv) for a combination of the actions described in Subsections (2)(b)(i) through (iii).
138          (3) As a condition of participating in a qualifying education program under this section,
139     an individual shall:
140          (a) comply with the requirements of the plea agreement entered into by the individual,
141     the prosecutor, and the court; and
142          (b) work with a financial aid officer for a qualifying education program and pay the
143     tuition for the competency-based career and technical education charged by the certificate
144     program provider.
145          (4) The commission will structure and administer the grant pilot program consistent
146     with other grant program requirements that the commission administers.
147          (5) The commission shall compile a report regarding this grant pilot program based on
148     performance measures and provide the report by no later than November 30, 2020, to the Law
149     Enforcement and Criminal Justice Interim Committee, and the related appropriations
150     subcommittee.