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7 LONG TITLE
8 General Description:
9 This bill requires the Division of Technology Services and the State Commission on
10 Criminal and Juvenile Justice to collaborate on and create a Criminal Justice Database
11 as a repository for statutorily required data.
12 Highlighted Provisions:
13 This bill:
14 ▸ defines terms;
15 ▸ requires the Division of Technology Services to create a database for information
16 and data required to be reported to the State Commission on Criminal and Juvenile
17 Justice;
18 ▸ provides parameters and standards for the database;
19 ▸ creates a grant program to assist agencies with compliance;
20 ▸ requires the State Commission on Criminal and Juvenile Justice to assist with the
21 development and management of the database;
22 ▸ requires that the State Commission on Criminal and Juvenile Justice provide reports
23 to Interim and Standing Committees; and
24 ▸ provides that entities that are not in compliance with reporting requirements may
25 not receive grants from the Commission on Criminal and Juvenile Justice.
26 Money Appropriated in this Bill:
27 None
28 Other Special Clauses:
29 This bill provides a coordination clause.
30 Utah Code Sections Affected:
31 AMENDS:
32 63M-7-214, as renumbered and amended by Laws of Utah 2020, Chapter 230
33 ENACTS:
34 63A-16-1001, Utah Code Annotated 1953
35 63A-16-1002, Utah Code Annotated 1953
36 63M-7-218, Utah Code Annotated 1953
37 Utah Code Sections Affected by Coordination Clause:
38 63A-16-1002, Utah Code Annotated 1953
39 63M-7-218, Utah Code Annotated 1953
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41 Be it enacted by the Legislature of the state of Utah:
42 Section 1. Section 63A-16-1001 is enacted to read:
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44 63A-16-1001. Definitions.
45 As used in this part:
46 (1) "Commission" means the State Commission on Criminal and Juvenile Justice
47 created in Section 63M-7-201.
48 (2) "Criminal justice agency" means an agency or institution directly involved in the
49 apprehension, prosecution, and incarceration of an individual involved in criminal activity,
50 including law enforcement, correctional facilities, jails, courts, probation, and parole.
51 (3) "Database" means the Criminal Justice Database created in this part.
52 (4) "Division" means the Division of Technology Services created in Section
53 63A-16-103.
54 Section 2. Section 63A-16-1002 is enacted to read:
55 63A-16-1002. Criminal Justice Database.
56 (1) The commission shall oversee the creation and management of a Criminal Justice
57 Database for information and data required to be reported to the commission, organized by
58 county, and accessible to all criminal justice agencies in the state.
59 (2) The division shall assist with the development and management of the database.
60 (3) The division, in collaboration with the commission, shall create:
61 (a) master standards and formats for information submitted to the database;
62 (b) a portal, bridge, website, or other method for reporting entities to provide the
63 information;
64 (c) a master data management index or system to assist in the retrieval of information
65 in the database;
66 (d) a protocol for accessing information in the database that complies with state
67 privacy regulations; and
68 (e) a protocol for real-time audit capability of all data accessed through the portal by
69 participating data source, data use entities, and regulators.
70 (4) Each criminal justice agency charged with reporting information to the commission
71 shall provide the data or information to the database in a form prescribed by the commission.
72 (5) The database shall be the repository for the statutorily required data described in:
73 (a) Section 17-22-32, county jail reporting requirements;
74 (b) Section 24-4-118, forfeiture reporting requirements;
75 (c) Section 41-6a-511, courts to collect and maintain data;
76 (d) Section 63M-7-214, law enforcement agency grant reporting;
77 (e) Section 63M-7-216, prosecutorial data collection;
78 (f) Section 64-13-21, supervision of sentenced offenders placed in community;
79 (g) Section 64-13-25, standards for programs;
80 (h) Section 64-13-45, department reporting requirements;
81 (i) Section 64-13e-104, housing of state probationary inmates or state parole inmates;
82 (j) Section 77-7-8.5, use of tactical groups;
83 (k) Section 77-20-103, release data requirements;
84 (l) Section 77-22-2.5, court orders for criminal investigations;
85 (m) Section 78A-2-109.5, court demographics reporting;
86 (n) Section 78B-7-120, lethality assessments; and
87 (o) any other statutes which require the collection of specific data and the reporting of
88 that data to the commission.
89 (6) The commission shall report:
90 (a) progress on the database, including creation, configuration, and data entered, to the
91 Law Enforcement and Criminal Justice Interim Committee not later than November 2022; and
92 (b) all data collected as of December 31, 2022, to the Law Enforcement and Criminal
93 Justice Interim Committee, the House Law Enforcement and Criminal Justice Standing
94 Committee, and the Senate Judiciary, Law Enforcement and Criminal Justice Standing
95 Committee not later than January 16, 2023.
96 Section 3. Section 63M-7-214 is amended to read:
97 63M-7-214. Commission on Criminal and Juvenile Justice -- Grants.
98 (1) As used in this section:
99 (a) "Commission" means the Commission on Criminal and Juvenile Justice created in
100 Section 63M-7-201.
101 (b) "Law enforcement agency" means a state or local law enforcement agency.
102 (c) "Other appropriate agency" means a state or local government agency, or a nonprofit
103 organization, that works to prevent illegal drug activity and enforce laws regarding illegal drug
104 activity and related criminal activity by:
105 (i) programs, including education, prevention, treatment, and research programs; and
106 (ii) enforcement of laws regarding illegal drugs.
107 (2) The commission shall implement law enforcement operations and programs related
108 to reducing illegal drug activity as listed in Subsection (3).
109 (3) (a) The first priority of the commission is to annually allocate not more than
110 $2,500,000, depending upon funding available from other sources, to directly fund the
111 operational costs of state and local law enforcement agencies' drug or crime task forces,
112 including multijurisdictional task forces.
113 (b) The second priority of the commission is to allocate grants for specified law
114 enforcement agency functions and other agency functions as the commission finds appropriate
115 to more effectively reduce illegal drug activity and related criminal activity, including
116 providing education, prevention, treatment, and research programs.
117 (4) (a) In allocating grants and determining the amount of the grants to carry out the
118 purposes of Subsection (3), the commission shall consider:
119 (i) the demonstrated ability of the agency to appropriately use the grant to implement
120 the proposed functions and how this function or task force will add to the law enforcement
121 agency's current efforts to reduce illegal drug activity and related criminal activity; and
122 (ii) the agency's cooperation with other state and local agencies and task forces.
123 (b) Agencies qualify for a grant only if they demonstrate compliance with all reporting
124 and policy requirements applicable under this section and under Title 63M, Chapter 7,
125 Criminal Justice and Substance Abuse, in order to qualify as a potential grant recipient.
126 (5) The commission shall allocate grants to local law enforcement agencies to assist in
127 complying with the requirements of Subsection 63A-16-1002(4). The commission shall only
128 use funds appropriated for this purpose for the grants.
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130 by the agency's governing body, and a determination that the grant money is nonlapsing.
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132 only for the purposes stated by the commission in the grant.
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134 the commission under this section shall prepare and file with the commission and the state
135 auditor a report in a form specified by the commission.
136 (b) The report shall include the following regarding each grant:
137 (i) the agency's name;
138 (ii) the amount of the grant;
139 (iii) the date of the grant;
140 (iv) how the grant has been used; and
141 (v) a statement signed by both the agency's or political subdivision's executive officer
142 or designee and by the agency's legal counsel, that all grant funds were used for law
143 enforcement operations and programs approved by the commission and that relate to reducing
144 illegal drug activity and related criminal activity, as specified in the grant.
145 Section 4. Section 63M-7-218 is enacted to read:
146 63M-7-218. State grant requirements.
147 Beginning July 1, 2023, the commission may not award any grant of state funds to any
148 entity subject to, and not in compliance with, the reporting requirements in Subsections
149 63A-16-1002(5)(a) through (n).
150 Section 5. Coordinating H.B. 403 with S.B. 179 -- Substantive amendments.
151 If this H.B. 403 and S.B. 179, Criminal Justice Amendments, both pass and become
152 law, it is the intent of the Legislature that the Office of Legislative Research and General
153 Counsel, when preparing the Utah Code database for publication:
154 (1) modify Section 63A-16-1002 to read as follows:
155 "63A-16-1002. Criminal Justice Database.
156 (1) The commission shall oversee the creation and management of a Criminal Justice
157 Database for information and data required to be reported to the commission, organized by
158 county, and accessible to all criminal justice agencies in the state.
159 (2) The division shall assist with the development and management of the database.
160 (3) The division, in collaboration with the commission, shall create:
161 (a) master standards and formats for information submitted to the database;
162 (b) a portal, bridge, website, or other method for reporting entities to provide the
163 information;
164 (c) a master data management index or system to assist in the retrieval of information
165 in the database;
166 (d) a protocol for accessing information in the database that complies with state
167 privacy regulations; and
168 (e) a protocol for real-time audit capability of all data accessed through the portal by
169 participating data source, data use entities, and regulators.
170 (4) Each criminal justice agency charged with reporting information to the commission
171 shall provide the data or information to the database in a form prescribed by the commission.
172 (5) The database shall be the repository for the statutorily required data described in:
173 (a) Section 13-53-111, recidivism reporting requirements;
174 (b) Section 17-22-32, county jail reporting requirements;
175 (c) Section 17-55-201, Criminal Justice Coordinating Councils reporting;
176 (d) Section 24-4-118, forfeiture reporting requirements;
177 (e) Section 41-6a-511, courts to collect and maintain data;
178 (f) Section 63M-7-214, law enforcement agency grant reporting;
179 (g) Section 63M-7-216, prosecutorial data collection;
180 (h) Section 64-13-21, supervision of sentenced offenders placed in community;
181 (i) Section 64-13-25, standards for programs;
182 (j) Section 64-13-45, department reporting requirements;
183 (k) Section 64-13e-104, housing of state probationary inmates or state parole inmates;
184 (l) Section 77-7-8.5, use of tactical groups;
185 (m) Section 77-20-103, release data requirements;
186 (n) Section 77-22-2.5, court orders for criminal investigations;
187 (o) Section 78A-2-109.5, court demographics reporting; and
188 (p) any other statutes which require the collection of specific data and the reporting of
189 that data to the commission.
190 (6) The commission shall report:
191 (a) progress on the database, including creation, configuration, and data entered, to the
192 Law Enforcement and Criminal Justice Interim Committee not later than November 2022; and
193 (b) all data collected as of December 31, 2022, to the Law Enforcement and Criminal
194 Justice Interim Committee, the House Law Enforcement and Criminal Justice Standing
195 Committee, and the Senate Judiciary, Law Enforcement and Criminal Justice Standing
196 Committee not later than January 16, 2023."; and
197 (2) not enact Section 63M-7-218 in S.B. 179, and modify Section 63M-7-218 in this
198 H.B. 403 to read as follows:
199 "63M-7-218. State grant requirements.
200 Beginning July 1, 2023, the commission may not award any grant of state funds to any
201 entity subject to, and not in compliance with, the reporting requirements in Subsections
202 63A-16-1002(5)(a) through (o)."