Representative Marsha Judkins proposes the following substitute bill:




Chief Sponsor: Marsha Judkins

Senate Sponsor: Jacob L. Anderegg


8     General Description:
9          This bill requires certain agencies and jails throughout the state to provide specific data
10     to the Commission on Criminal and Juvenile Justice.
11     Highlighted Provisions:
12          This bill:
13          ▸     requires prosecutorial agencies, county jails, and the Administrative Office of the
14     Courts to provide specific data to the Commission on Criminal and Juvenile Justice;
15          ▸     requires that certain information and policies be made available to the public;
16          ▸     provides that the commission will compile and analyze the data and include it in an
17     annual report;
18          ▸     allows the Law Enforcement and Criminal Justice Interim Committee to request
19     data and analysis from the commission; and
20          ▸     provides that the commission may provide prosecutorial agencies assistance with
21     providing the required data.
22     Money Appropriated in this Bill:
23          None
24     Other Special Clauses:
25          None

26     Utah Code Sections Affected:
27     AMENDS:
28          63M-7-204, as last amended by Laws of Utah 2019, Chapter 435
29     ENACTS:
30          17-22-32.4, Utah Code Annotated 1953
31          63M-7-213, Utah Code Annotated 1953
32          78A-2-109.5, Utah Code Annotated 1953

34     Be it enacted by the Legislature of the state of Utah:
35          Section 1. Section 17-22-32.4 is enacted to read:
36          17-22-32.4. Jail demographics reporting.
37          (1) As used in this section:
38          (a) "Booking" means an individual is detained in a jail facility for an offense requiring
39     a subsequent court appearance.
40          (b) "Commission" means the Commission on Criminal and Juvenile Justice created in
41     Section 63M-7-201.
42          (c) "Offense tracking number" means a number assigned to an offense that requires a
43     mandatory court appearance and for which an individual is booked into a jail facility.
44          (2) Each county jail shall compile and provide the following information to the
45     commission on all bookings into the facility:
46          (a) full name;
47          (b) offense tracking number;
48          (c) gender;
49          (d) date of birth;
50          (e) race;
51          (f) ethnicity; and
52          (g) zip code.
53          (3) The information shall be submitted within 90 days of the last day of March, June,
54     September, and December of each year for the previous 90-day period in the form and manner
55     selected by the commission. If the last day of the month is a Saturday, Sunday, or state holiday,
56     the information shall be submitted on the next working day.

57          Section 2. Section 63M-7-204 is amended to read:
58          63M-7-204. Duties of commission.
59          (1) The State Commission on Criminal and Juvenile Justice administration shall:
60          (a) promote the commission's purposes as enumerated in Section 63M-7-201;
61          (b) promote the communication and coordination of all criminal and juvenile justice
62     agencies;
63          (c) study, evaluate, and report on the status of crime in the state and on the
64     effectiveness of criminal justice policies, procedures, and programs that are directed toward the
65     reduction of crime in the state;
66          (d) study, evaluate, and report on programs initiated by state and local agencies to
67     address reducing recidivism, including changes in penalties and sentencing guidelines intended
68     to reduce recidivism, costs savings associated with the reduction in the number of inmates, and
69     evaluation of expenses and resources needed to meet goals regarding the use of treatment as an
70     alternative to incarceration, as resources allow;
71          (e) study, evaluate, and report on policies, procedures, and programs of other
72     jurisdictions which have effectively reduced crime;
73          (f) identify and promote the implementation of specific policies and programs the
74     commission determines will significantly reduce crime in Utah;
75          (g) provide analysis and recommendations on all criminal and juvenile justice
76     legislation, state budget, and facility requests, including program and fiscal impact on all
77     components of the criminal and juvenile justice system;
78          (h) provide analysis, accountability, recommendations, and supervision for state and
79     federal criminal justice grant money;
80          (i) provide public information on the criminal and juvenile justice system and give
81     technical assistance to agencies or local units of government on methods to promote public
82     awareness;
83          (j) promote research and program evaluation as an integral part of the criminal and
84     juvenile justice system;
85          (k) provide a comprehensive criminal justice plan annually;
86          (l) review agency forecasts regarding future demands on the criminal and juvenile
87     justice systems, including specific projections for secure bed space;

88          (m) promote the development of criminal and juvenile justice information systems that
89     are consistent with common standards for data storage and are capable of appropriately sharing
90     information with other criminal justice information systems by:
91          (i) developing and maintaining common data standards for use by all state criminal
92     justice agencies;
93          (ii) annually performing audits of criminal history record information maintained by
94     state criminal justice agencies to assess their accuracy, completeness, and adherence to
95     standards;
96          (iii) defining and developing state and local programs and projects associated with the
97     improvement of information management for law enforcement and the administration of
98     justice; and
99          (iv) establishing general policies concerning criminal and juvenile justice information
100     systems and making rules as necessary to carry out the duties under Subsection (1)(k) and this
101     Subsection (1)(m);
102          (n) allocate and administer grants, from money made available, for approved education
103     programs to help prevent the sexual exploitation of children;
104          (o) allocate and administer grants funded from money from the Law Enforcement
105     Operations Account created in Section 51-9-411 for law enforcement operations and programs
106     related to reducing illegal drug activity and related criminal activity;
107          (p) request, receive, and evaluate data and recommendations collected and reported by
108     agencies and contractors related to policies recommended by the commission regarding
109     recidivism reduction;
110          (q) establish and administer a performance incentive grant program that allocates funds
111     appropriated by the Legislature to programs and practices implemented by counties that reduce
112     recidivism and reduce the number of offenders per capita who are incarcerated;
113          (r) oversee or designate an entity to oversee the implementation of juvenile justice
114     reforms;
115          (s) make rules and administer the juvenile holding room standards and juvenile jail
116     standards to align with the Juvenile Justice and Delinquency Prevention Act requirements
117     pursuant to 42 U.S.C. Sec. 5633;
118          (t) allocate and administer grants, from money made available, for pilot qualifying

119     education programs;
120          (u) oversee the trauma-informed justice program described in Section 63M-7-209;
121     [and]
122          (v) administer the Child Welfare Parental Defense Program in accordance with
123     Sections 63M-7-211, 63M-7-211.1, and 63M-7-211.2[.]; and
124          (w) request, receive, and evaluate the aggregate data collected from prosecutorial
125     agencies, jails, and the Administrative Office of the Courts, in accordance with Sections
126     17-22-32.4, 63M-7-213, and 78A-2-109.5.
127          (2) If the commission designates an entity under Subsection (1)(r), the commission
128     shall ensure that the membership of the entity includes representation from the three branches
129     of government and, as determined by the commission, representation from relevant stakeholder
130     groups across all parts of the juvenile justice system, including county representation.
131          Section 3. Section 63M-7-213 is enacted to read:
132          63M-7-213. Prosecutorial data collection -- Policy transparency.
133          (1) As used in this section:
134          (a) "Commission" means the Commission on Criminal and Juvenile Justice created in
135     Section 63M-7-201.
136          (b)(i) "Criminal case" means a case where an offender is charged with an offense for
137     which a mandatory court appearance is required under the Uniform Bail Schedule.
138          (ii) "Criminal case" does not mean a case for criminal non-support under Section
139     76-7-201 or any proceeding involving collection or payment of child support, medical support,
140     or child care expenses by or on behalf of the Office of Recovery Services under Section
141     62A-11-107 or 76-7-202.
142          (c) "Offense tracking number" means a distinct number applied to each criminal
143     offense by the Bureau of Criminal Identification.
144          (d) "Pre-filing diversion" means an agreement between a prosecutor and an individual
145     prior to being charged with a crime, before an information or indictment is filed, in which the
146     individual is diverted from the traditional criminal justice system into a program of supervision
147     and supportive services in the community.
148          (e) "Post-filing diversion" is as described in Section 77-2-5.
149          (f) "Prosecutorial agency" means the Office of the Attorney General and any city,

150     county, or district attorney acting as a public prosecutor.
151          (g) "Publish" means to make aggregated data available to the general public.
152          (2) Beginning July 1, 2021, all prosecutorial agencies within the state shall submit the
153     following data with regards to each criminal case referred to it from a law enforcement agency
154     to the commission for compilation and analysis:
155          (a) the defendant's:
156          (i) full name;
157          (ii) offense tracking number;
158          (iii) date of birth; and
159          (iv) zip code;
160          (b) referring agency;
161          (c) whether the prosecutorial agency filed charges, declined charges, initiated a
162     pre-filing diversion, or asked the referring agency for additional information;
163          (d) if charges were filed, the case number and the court in which the charges were
164     filed;
165          (e) all charges brought against the defendant;
166          (f) whether bail was requested and, if so, the requested amount;
167          (h) the date of initial discovery disclosure;
168          (i) whether post-filing diversion was offered and, if so, whether it was entered;
169          (j) if post-filing diversion or other plea agreement was accepted, the date entered by the
170     court; and
171          (k) the date of conviction, acquittal, plea agreement, dismissal, or other disposition of
172     the case.
173          (3) (a) The information required by Subsection (2), including information that was
174     missing or incomplete at the time of an earlier submission but is presently available, shall be
175     submitted within 90 days of the last day of March, June, September, and December of each
176     year for the previous 90-day period in the form and manner selected by the commission.
177          (b) If the last day of the month is a Saturday, Sunday, or state holiday, the information
178     shall be submitted on the next working day.
179          (4) The prosecutorial agency shall maintain a record of all information collected and
180     transmitted to the commission for 10 years.

181          (5) The commission shall include in the plan required by Subsection 63M-7-204(1)(k)
182     an analysis of the data received, comparing and contrasting the practices and trends among and
183     between prosecutorial agencies in the state. The Law Enforcement and Criminal Justice Interim
184     Committee may request an in-depth analysis of the data received annually. Any request shall be
185     in writing and specify which data points the report shall focus on.
186          (6) The commission may provide assistance to prosecutorial agencies in setting up a
187     method of collecting and reporting data required by this section.
188          (7) Beginning January 1, 2021, all prosecutorial agencies shall publish specific office
189     policies. If the agency does not maintain a policy on a topic in this subsection, the agency shall
190     affirmatively disclose that fact. Policies shall be published online on the following topics:
191          (a) screening and filing criminal charges;
192          (b) plea bargains;
193          (c) sentencing recommendations;
194          (d) discovery practices;
195          (e) prosecution of juveniles, including whether to prosecute a juvenile as an adult;
196          (f) collection of fines and fees;
197          (g) criminal and civil asset forfeiture practices;
198          (h) services available to victims of crime, both internal to the prosecutorial office and
199     by referral to outside agencies;
200          (i) diversion programs;
201          (j) restorative justice programs; and
202          (8) (a) A prosecutorial agency not in compliance with this section by July 1, 2022, in
203     accordance with the commission's guidelines may not receive grants or other funding intended
204     to assist with bringing the agency into compliance with this section. In addition, any funds
205     received for the purpose of bringing the agency into compliance with this section shall be
206     returned to the source of the funding.
207          (b) Only funding received from the commission by a prosecutorial agency specifically
208     intended to assist the agency with compliance with this section may be recalled.
209          Section 4. Section 78A-2-109.5 is enacted to read:
210          78A-2-109.5. Court demographics reporting.
211          (1) As used in this section, "commission" means the Commission on Criminal and

212     Juvenile Justice created in Section 63M-7-201.
213          (2) The Administrative Office of the Courts shall compile and provide the following
214     information to the commission for each criminal case filed with the court:
215          (a) case number;
216          (b) the defendant's:
217          (i) full name;
218          (ii) offense tracking number; and
219          (iii) date of birth;
220          (c) charges filed;
221          (d) initial appearance date;
222          (e) bail amount set by the court, if any;
223          (f) whether the defendant was represented by a public defender, private counsel, or pro
224     se; and
225          (g) final disposition of the charges.
226          (3) The information shall be submitted on the last day of June and December of each
227     year for the previous six-month period in the form and manner selected by the commission. If
228     the last day of the month is a Saturday, Sunday, or state holiday, the information shall be
229     submitted on the next working day.