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7 LONG TITLE
8 General Description:
9 This bill creates the Domestic Violence Offender Treatment Board (board).
10 Highlighted Provisions:
11 This bill:
12 ▸ defines terms;
13 ▸ creates the Domestic Violence Offender Treatment Board within the State
14 Commission on Criminal and Juvenile Justice;
15 ▸ establishes the duties of the board; and
16 ▸ requires the board to provide a list to the Administrative Office of the Courts of
17 providers certified by the board to provide domestic violence treatment.
18 Money Appropriated in this Bill:
19 None
20 Other Special Clauses:
21 None
22 Utah Code Sections Affected:
23 ENACTS:
24 63M-7-701, Utah Code Annotated 1953
25 63M-7-702, Utah Code Annotated 1953
26 63M-7-703, Utah Code Annotated 1953
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28 Be it enacted by the Legislature of the state of Utah:
29 Section 1. Section 63M-7-701 is enacted to read:
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31 63M-7-701. Definitions.
32 As used in this part:
33 (1) "Board" means the Domestic Violence Offender Treatment Board created in
34 Section 63M-7-702.
35 (2) "Commission" means the State Commission on Criminal and Juvenile Justice
36 created in Section 63M-7-201.
37 Section 2. Section 63M-7-702 is enacted to read:
38 63M-7-702. Domestic Violence Offender Treatment Board -- Creation --
39 Membership -- Quorum -- Per diem -- Staff support -- Meetings.
40 (1) There is created within the commission the Domestic Violence Offender Treatment
41 Board consisting of the following members:
42 (a) the executive director of the Department of Corrections, or the executive director's
43 designee;
44 (b) the executive director of the Department of Health and Human Services, or the
45 executive director's designee;
46 (c) one individual who represents a state program that focuses on prevention of injury
47 and domestic violence appointed by the executive director of the Department of Health and
48 Human Services;
49 (d) the commissioner of public safety for the Department of Public Safety, or the
50 commissioner's designee;
51 (e) the director of the Utah Office for Victims of Crime, or the director's designee;
52 (f) the chair of the Board of Pardons and Parole, or the chair's designee;
53 (g) the director of the Division of Juvenile Justice Services, or the director's designee;
54 (h) one individual who represents the Administrative Office of the Courts appointed by
55 the state court administrator; and
56 (i) ten individuals appointed by the executive director of the commission, including:
57 (i) the following four individuals licensed under Title 58, Chapter 60, Mental Health
58 Professional Practice Act:
59 (A) a clinical social worker;
60 (B) a marriage and family therapist;
61 (C) a professional counselor; and
62 (D) a psychologist;
63 (ii) one individual who represents an association of criminal defense attorneys;
64 (iii) one criminal defense attorney who primarily represents indigent criminal
65 defendants;
66 (iv) one individual who represents an association of prosecuting attorneys;
67 (v) one individual who represents law enforcement;
68 (vi) one individual who represents an association of criminal justice victim advocates;
69 and
70 (vii) one individual who represents a nonprofit organization that provides domestic
71 violence victim advocate services.
72 (2) (a) A member may not serve on the board for more than eight consecutive years.
73 (b) If a vacancy occurs in the membership of the board appointed under Subsection (1),
74 the member shall be replaced in the same manner in which the original appointment was made.
75 (c) A member of the board serves until the member's successor is appointed.
76 (3) The members of the board shall vote on a chair and co-chair of the board to serve
77 for two years.
78 (4) (a) A majority of the board members constitutes a quorum.
79 (b) The action of a majority of a quorum constitutes an action of the board.
80 (5) A board member may not receive compensation or benefits for the member's
81 service on the board, but may receive per diem and reimbursement for travel expenses incurred
82 as a board member at the rates established by the Division of Finance under:
83 (a) Sections 63A-3-106 and 63A-3-107; and
84 (b) rules made by the Division of Finance under Sections 63A-3-106 and 63A-3-107.
85 (6) The commission shall provide staff support to the board.
86 (7) The board shall meet at least quarterly on a date the board sets.
87 Section 3. Section 63M-7-703 is enacted to read:
88 63M-7-703. Board duties.
89 (1) The board shall advise and make recommendations to other councils, boards, and
90 offices within the commission that address domestic violence.
91 (2) As part of the board's duties under Subsection (1), the board shall:
92 (a) research standardized procedures and methods for intimate partner and domestic
93 violence offender evaluation, intervention, treatment, and monitoring that prioritize physical
94 and psychological safety of the victim;
95 (b) identify and establish best practice standards for intimate partner and domestic
96 violence evaluation, intervention, treatment, and monitoring that:
97 (i) are applicable to the state's needs;
98 (ii) are based on scientific research to address an individual's intimate partner and
99 domestic violence risk factors; and
100 (iii) incorporate evidence-based trauma informed care to enhance the quality and
101 continuity of intervention and treatment;
102 (c) disseminate the best practice standards described in Subsection (2)(b) to the entities
103 described in Subsection (1) to be used in the evaluation, intervention, treatment, and
104 monitoring of intimate partner and domestic violence offenders; and
105 (d) establish a training and certification program for public and private providers of
106 intervention and treatment for intimate partner and domestic violence offenders that requires
107 the public and private providers to:
108 (i) comply with the best practice standards described in Subsection (2)(b) to obtain and
109 maintain certification; and
110 (ii) participate in annual education or training to maintain certification.
111 (3) The board shall:
112 (a) monitor the public and private providers who participate in the training and
113 certification program described in Subsection (2)(d) to ensure compliance with the best
114 practice standards and annual education or training described in Subsection (2)(d); and
115 (b) annually provide a list of the public and private providers who participated in the
116 training and certification program described in Subsection (2)(d) and are in compliance with
117 the requirements described in Subsection (2)(d) to the Administrative Office of the Courts as a
118 resource for judges and commissioners in domestic violence cases.