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7 LONG TITLE
8 General Description:
9 This bill creates the Office on Domestic and Sexual Violence and the Domestic
10 Violence Offender Advisory Board within the State Commission on Criminal and
11 Juvenile Justice.
12 Highlighted Provisions:
13 This bill:
14 ▸ defines terms;
15 ▸ creates the Office on Domestic and Sexual Violence within the State Commission
16 on Criminal and Juvenile Justice;
17 ▸ requires the executive director of the commission to appoint a director of the office;
18 ▸ creates the Domestic Violence Offender Advisory Board within the commission;
19 ▸ requires the office to coordinate with the advisory board and other advisory councils
20 within the commission to create and implement statewide resources and policies for
21 reducing instances of domestic and sexual violence;
22 ▸ adds the director of the office to the Utah Council on Victims of Crime; and
23 ▸ makes technical changes.
24 Money Appropriated in this Bill:
25 None
26 Other Special Clauses:
27 This bill provides a special effective date.
28 Utah Code Sections Affected:
29 AMENDS:
30 63M-7-601, as last amended by Laws of Utah 2019, Chapter 246
31 ENACTS:
32 63M-7-701, Utah Code Annotated 1953
33 63M-7-702, Utah Code Annotated 1953
34 63M-7-703, Utah Code Annotated 1953
35 63M-7-704, Utah Code Annotated 1953
36 63M-7-801, Utah Code Annotated 1953
37 63M-7-802, Utah Code Annotated 1953
38 63M-7-803, Utah Code Annotated 1953
39 63M-7-804, Utah Code Annotated 1953
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41 Be it enacted by the Legislature of the state of Utah:
42 Section 1. Section 63M-7-601 is amended to read:
43 63M-7-601. Creation -- Members -- Chair.
44 (1) There is created within the governor's office the Utah Council on Victims of Crime.
45 (2) The Utah Council on Victims of Crime shall be composed of [
46 members as follows:
47 (a) a representative of the Commission on Criminal and Juvenile Justice appointed by
48 the executive director;
49 (b) a representative of the Department of Corrections appointed by the executive
50 director;
51 (c) a representative of the Board of Pardons and Parole appointed by the chair;
52 (d) a representative of the Department of Public Safety appointed by the commissioner;
53 (e) a representative of the Division of Juvenile Justice Services appointed by the
54 director;
55 (f) a representative of the Utah Office for Victims of Crime appointed by the director;
56 (g) a representative of the Office of the Attorney General appointed by the attorney
57 general;
58 (h) a representative of the United States Attorney for the district of Utah appointed by
59 the United States Attorney;
60 (i) a representative of Utah's Native American community appointed by the director of
61 the Division of Indian Affairs after input from federally recognized tribes in Utah;
62 (j) a professional or volunteer working in the area of violence against women and
63 families appointed by the governor;
64 (k) the chair of each judicial district's victims' rights committee;
65 (l) the director of the Office on Domestic and Sexual Violence created in Section
66 63M-7-703;
67 [
68 (i) a representative of the Statewide Association of Public Attorneys appointed by that
69 association;
70 (ii) a representative of the Utah Chiefs of Police Association appointed by the president
71 of that association;
72 (iii) a representative of the Utah Sheriffs' Association appointed by the president of that
73 association;
74 (iv) a representative of a Children's Justice Center appointed by the attorney general;
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76 (v) a citizen representative appointed by the governor; and
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78 through (2)(k) to serve four-year terms:
79 (i) an individual who works professionally with victims of crime; and
80 (ii) a victim of crime.
81 (3) The council shall annually elect one member to serve as chair.
82 Section 2. Section 63M-7-701 is enacted to read:
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84 63M-7-701. Title.
85 This part is known as the "Office on Domestic and Sexual Violence."
86 Section 3. Section 63M-7-702 is enacted to read:
87 63M-7-702. Definitions.
88 As used in this part:
89 (1) "Commission" means the State Commission on Criminal and Juvenile Justice
90 created in Section 63M-7-201.
91 (2) "Office" means the Office on Domestic and Sexual Violence created in Section
92 63M-7-703.
93 Section 4. Section 63M-7-703 is enacted to read:
94 63M-7-703. Office on Domestic and Sexual Violence -- Creation -- Appointment of
95 director.
96 (1) There is created the Office on Domestic and Sexual Violence within the
97 commission.
98 (2) The executive director of the commission shall appoint a director of the office.
99 Section 5. Section 63M-7-704 is enacted to read:
100 63M-7-704. Office duties.
101 The office shall:
102 (1) provide leadership and generate unity for the state's ongoing efforts to reduce and
103 eliminate the impact of rape, sexual assault, and intimate partner and domestic and sexual
104 violence through comprehensive and evidence-based prevention, intervention, and treatment
105 for juvenile and adult offenders;
106 (2) coordinate with the Domestic Violence Offender Advisory Board, and other
107 advisory councils within the commission focused on domestic and sexual violence, to create,
108 disseminate, implement, and recommend statewide policies to address intimate partner and
109 domestic and sexual violence;
110 (3) collaborate and partner with public and private partners to perform the duties
111 described in this section using a multidisciplinary approach; and
112 (4) facilitate planning for a balanced continuum of intimate partner and domestic and
113 sexual violence prevention, intervention, treatment, and justice services.
114 Section 6. Section 63M-7-801 is enacted to read:
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116 63M-7-801. Title.
117 This part is known as the "Domestic Violence Offender Advisory Board."
118 Section 7. Section 63M-7-802 is enacted to read:
119 63M-7-802. Definitions.
120 As used in this part:
121 (1) "Commission" means the State Commission on Criminal and Juvenile Justice
122 created in Section 63M-7-201.
123 (2) "Advisory board" means the Domestic Violence Offender Advisory Board created
124 in Section 63M-7-803.
125 Section 8. Section 63M-7-803 is enacted to read:
126 63M-7-803. Domestic Violence Offender Advisory Board -- Creation --
127 Membership -- Quorum -- Per diem -- Staff support -- Meetings.
128 (1) There is created within the commission the Domestic Violence Offender Advisory
129 Board consisting of the following members:
130 (a) the executive director of the Department of Corrections, or the executive director's
131 designee;
132 (b) the executive director of the Department of Human Services, or the executive
133 director's designee;
134 (c) the executive director of the Department of Health, or the executive director's
135 designee;
136 (d) the commissioner of public safety for the Department of Public Safety, or the
137 commissioner's designee;
138 (e) the director of the Office for Victims of Crime, or the director's designee;
139 (f) the chair of the Board of Pardons and Parole, or the chair's designee;
140 (g) the director of the Division of Juvenile Justice Services, or the director's designee;
141 (h) one judge appointed by the presiding officer of the Utah Judicial Council;
142 (i) one individual who represents the Administrative Office of the Courts appointed by
143 the state court administrator; and
144 (j) nine individuals appointed by the executive director of the commission, including:
145 (i) a clinical social worker, a marriage and family therapist, a professional counselor,
146 and a psychologist licensed under Title 58, Chapter 60, Mental Health Professional Practice
147 Act;
148 (ii) an individual who represents an association of criminal defense attorneys;
149 (iii) an individual who represents an association of prosecuting attorneys;
150 (iv) an individual who represents law enforcement;
151 (v) an individual who represents an association of criminal justice victim advocates;
152 and
153 (vi) an individual who represents a nonprofit organization that provides domestic
154 violence victim advocate services.
155 (2) (a) A member may not serve on the advisory board for more than eight consecutive
156 years.
157 (b) If a vacancy occurs in the membership of the advisory board appointed under
158 Subsection (1), the member shall be replaced in the same manner in which the original
159 appointment was made.
160 (c) A member of the advisory board serves until the member's successor is appointed.
161 (3) The members of the advisory board shall vote on a chair and co-chair of the
162 advisory board to serve for two years.
163 (4) (a) A majority of the advisory board members constitutes a quorum.
164 (b) The action of a majority of a quorum constitutes an action of the advisory board.
165 (5) An advisory board member may not receive compensation or benefits for the
166 member's service on the advisory board, but may receive per diem and reimbursement for
167 travel expenses incurred as an advisory board member at the rates established by the Division
168 of Finance under:
169 (a) Sections 63A-3-106 and 63A-3-107; and
170 (b) rules made by the Division of Finance under Sections 63A-3-106 and 63A-3-107.
171 (6) The commission shall provide staff support to the advisory board.
172 (7) The advisory board shall meet at least quarterly on a date the advisory board sets.
173 Section 9. Section 63M-7-804 is enacted to read:
174 63M-7-804. Advisory board duties -- Rulemaking.
175 (1) The advisory board shall advise and make recommendations to the Office on
176 Domestic and Sexual Violence created in Section 63M-7-703.
177 (2) As part of the advisory board's duties under Subsection (1), the advisory board
178 shall:
179 (a) research standardized procedures and methods for intimate partner and domestic
180 violence offender evaluation, intervention, treatment, and monitoring that prioritize physical
181 and psychological safety of victims;
182 (b) identify and establish best practice standards for intimate partner and domestic
183 violence evaluation, intervention, treatment, and monitoring that:
184 (i) are applicable to the state's needs;
185 (ii) are based on scientific research to address an individual's intimate partner and
186 domestic violence risk factors; and
187 (iii) incorporate evidence-based trauma informed care to enhance the quality and
188 continuity of intervention and treatment;
189 (c) disseminate the best practice standards described in Subsection (2)(b) to be used in
190 the evaluation, intervention, treatment, and monitoring of intimate partner and domestic
191 violence offenders; and
192 (d) establish an accreditation program for public and private providers of intervention
193 and treatment for intimate partner and domestic violence offenders that requires the public and
194 private providers comply with the best practices described in Subsection (2)(b).
195 (3) The advisory board shall make rules in accordance with Title 63G, Chapter 3,
196 Administrative Rulemaking Act, to implement this part.
197 Section 10. Effective date.
198 This bill takes effect on July 1, 2021.