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7 LONG TITLE
8 General Description:
9 This bill amends provisions related to victim services.
10 Highlighted Provisions:
11 This bill:
12 ▸ establishes the duties of the Utah Office for Victims of Crime (office);
13 ▸ requires the office to create a committee to advise the office;
14 ▸ creates a reporting requirement; and
15 ▸ authorizes the Crime Victim Reparations and Assistance Board (board) to make
16 rules regarding eligibility criteria, training requirements, and other standards for
17 entities that receive grant funding from the board.
18 Money Appropriated in this Bill:
19 None
20 Other Special Clauses:
21 None
22 Utah Code Sections Affected:
23 AMENDS:
24 63M-7-506, as last amended by Laws of Utah 2020, Chapter 149
25 ENACTS:
26 63M-7-505.5, Utah Code Annotated 1953
27 63M-7-505.6, Utah Code Annotated 1953
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29 Be it enacted by the Legislature of the state of Utah:
30 Section 1. Section 63M-7-505.5 is enacted to read:
31 63M-7-505.5. Duties of the office.
32 The office shall:
33 (1) administer reparation awards and procedures in accordance with this part;
34 (2) administer any grants obtained under Subsection 63M-7-507(3)(i);
35 (3) routinely assess the needs of crime victims and victim services statewide;
36 (4) develop and routinely update strategic plans for a coordinated statewide victim
37 services delivery model and infrastructure;
38 (5) support, facilitate, coordinate, and conduct training for victim advocates and service
39 providers;
40 (6) recommend victim advocate training and credentials to the board that:
41 (a) reasonably ensure an individual working or volunteering with a victim of crime as a
42 victim advocate is competent to act as a victim advocate;
43 (b) do not create undue financial or administrative hardship for a victim advocate or a
44 victim service provider;
45 (c) promote and elevate victim advocacy and victim services as a profession;
46 (d) consider current state and national standards that inform and strengthen
47 professional practice and are current with best practices;
48 (e) do not conflict with or undermine a victim advocate's licensing or other
49 professional accreditation; and
50 (f) do not conflict with an organization's funding requirements;
51 (7) report quarterly to the board regarding:
52 (a) the needs of crime victims and victim services statewide; and
53 (b) the coordinated statewide victim services delivery model and infrastructure; and
54 (8) before September 1, report to the governor, the Judiciary Interim Committee, the
55 Law Enforcement and Criminal Justice Interim Committee, the Executive Offices and Criminal
56 Justice Appropriations Subcommittee, and the Social Services Appropriations Subcommittee,
57 regarding the needs of victims and victim services statewide, including needed funding or
58 legislation to establish, enhance, or maintain:
59 (a) victim services in the state; and
60 (b) the reasonable and basic resources for a coordinated statewide victim services
61 delivery model and infrastructure.
62 Section 2. Section 63M-7-505.6 is enacted to read:
63 63M-7-505.6. Crime Victim Services Strategic Planning Committee.
64 (1) The office shall create a committee known as the Crime Victim Services Strategic
65 Planning Committee.
66 (2) The committee shall consist of the following members:
67 (a) two individuals who have been victims of crime who shall be appointed by the
68 office;
69 (b) the executive director of the Department of Health and Human Services or the
70 executive director's designee;
71 (c) the director of the Utah Office on Domestic and Sexual Violence;
72 (d) the chair of the Utah Council on Victims of Crime, or the chair's designee;
73 (e) the children's justice centers program administrator, or the administrator's designee;
74 (f) a representative from each Native American tribe located in Utah who shall be
75 appointed by the leadership of the representative's tribe;
76 (g) the executive director of Utah's state sexual assault coalition as defined in 34
77 U.S.C. Sec. 12291, or the executive director's designee;
78 (h) the executive director of Utah's tribal coalition as defined in 34 U.S.C. Sec. 12291,
79 or the executive director's designee;
80 (i) the executive director of Utah's state domestic violence coalition as defined in 45
81 C.F.R. Sec. 1370.2, or the executive director's designee; and
82 (j) any other individual appointed by the office.
83 (3) (a) Members appointed by the office shall serve a term set by the office.
84 (b) The office shall determine the number of members that constitute a quorum for the
85 committee.
86 (4) The committee shall advise the office regarding the duties described in Subsections
87 63M-7-505.5(3), (4), (5), and (6).
88 Section 3. Section 63M-7-506 is amended to read:
89 63M-7-506. Functions of board.
90 (1) The board shall:
91 (a) adopt a description of the office and prescribe the general operation of the board;
92 (b) prescribe policy for the office;
93 (c) adopt rules to implement and administer this part in accordance with Title 63G,
94 Chapter 3, Utah Administrative Rulemaking Act, which may include setting of ceilings on
95 reparations, defining of terms not specifically stated in this part, and establishing of rules
96 governing attorney fees;
97 (d) prescribe forms for applications for reparations;
98 (e) review all reparations awards made by the reparations staff, although the board may
99 not reverse or modify reparations awards authorized by the reparations staff;
100 (f) render an annual report to the governor and the Legislature regarding the staff's and
101 the board's activities;
102 (g) cooperate with the director and the director's staff in formulating standards for the
103 uniform application of Section 63M-7-509, taking into consideration the rates and amounts of
104 reparation payable for injuries and death under other laws of this state and the United States;
105 (h) allocate money available in the fund to victims of criminally injurious conduct for
106 reparations claims;
107 (i) allocate money available to other victim services as provided by administrative rule
108 made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, once a
109 sufficient reserve has been established for reparation claims; [
110 (j) approve the allocation and disbursement of funds made available to the office by the
111 United States, the state, foundations, corporations, or other entities or individuals to
112 subgrantees from private, non-profit, and governmental entities operating qualified statewide
113 assistance programs[
114 (k) review recommendations provided to the board in accordance with Section
115 63M-7-505.5; and
116 (l) if determined necessary by the board and in accordance with Title 63G, Utah
117 Administrative Rulemaking Act, make rules that establish:
118 (i) additional criteria an entity described in Subsection (1)(j) shall meet before
119 receiving funding; or
120 (ii) based on recommendations received in accordance with Section 63M-7-505.5,
121 standards and training requirements that an entity that receives funds under Subsection (1)(j)
122 shall implement for the entity's employees and volunteers.
123 (2) All rules, or other statements of policy, along with application forms specified by
124 the board, are binding upon the director, the reparations officers, assistance officers, and other
125 staff.