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7 LONG TITLE
8 General Description:
9 This bill addresses the Utah Victim Services Commission and victim services.
10 Highlighted Provisions:
11 This bill:
12 ▸ modifies the membership of the State Commission on Criminal and Juvenile
13 Justice, the Utah Substance Use and Mental Health Advisory Council, the Utah
14 Council on Victims of Crime, and the Domestic Violence Offender Treatment
15 Board;
16 ▸ creates the Victim Services Restricted Account;
17 ▸ addresses the funding and distribution of the Victim Services Restricted Account;
18 ▸ creates the Utah Victim Services Commission (commission);
19 ▸ addresses membership, appointment, terms, and vacancies for the commission;
20 ▸ addresses expenses for members of the commission;
21 ▸ addresses the procedure and structure of the commission, including the appointment
22 of a chair, the election of a vice chair, and the establishment of subcommittees;
23 ▸ provides the duties of the commission, including the duties of the commission in
24 regard to the Victim Services Restricted Account;
25 ▸ addresses staffing of the commission;
26 ▸ allows the commission to contract with a third party for certain services; and
27 ▸ makes technical and conforming changes.
28 Money Appropriated in this Bill:
29 This bill appropriates in fiscal year 2024:
30 ▸ to Governor's Office - State Commission on Criminal and Juvenile Justice - Utah
31 Victim Services Commission, as an ongoing appropriation:
32 • from the General Fund, $550,000; and
33 ▸ to Governor's Office - State Commission on Criminal and Juvenile Justice - Utah
34 Victim Services Commission, as a one-time appropriation:
35 • from the General Fund, $500,000.
36 Other Special Clauses:
37 None
38 Utah Code Sections Affected:
39 AMENDS:
40 63M-7-202, as last amended by Laws of Utah 2020, Chapter 354
41 63M-7-301, as last amended by Laws of Utah 2022, Chapter 255
42 63M-7-601, as last amended by Laws of Utah 2021, Chapter 172
43 63M-7-702, as enacted by Laws of Utah 2022, Chapter 145
44 ENACTS:
45 63M-7-219, Utah Code Annotated 1953
46 63M-7-801, Utah Code Annotated 1953
47 63M-7-802, Utah Code Annotated 1953
48 63M-7-803, Utah Code Annotated 1953
49 63M-7-804, Utah Code Annotated 1953
50 63M-7-805, Utah Code Annotated 1953
51
52 Be it enacted by the Legislature of the state of Utah:
53 Section 1. Section 63M-7-202 is amended to read:
54 63M-7-202. Composition -- Appointments -- Ex officio members -- Terms --
55 United States Attorney as nonvoting member.
56 (1) The [
57 Commission on Criminal and Juvenile Justice is composed of 26 voting members as follows:
58 (a) the chief justice of the supreme court, as the presiding officer of the judicial
59 council, or a judge designated by the chief justice;
60 (b) the state court administrator or the state court administrator's designee;
61 (c) the executive director of the Department of Corrections or the executive director's
62 designee;
63 (d) the executive director of the [
64 Health and Human Services or the executive director's designee;
65 (e) the commissioner of the Department of Public Safety or the commissioner's
66 designee;
67 (f) the attorney general or an attorney designated by the attorney general;
68 (g) the president of the chiefs of police association or a chief of police designated by
69 the association's president;
70 (h) the president of the sheriffs' association or a sheriff designated by the association's
71 president;
72 (i) the chair of the Board of Pardons and Parole or a member of the Board of Pardons
73 and Parole designated by the chair;
74 (j) the chair of the Utah Sentencing Commission or a member of the Utah Sentencing
75 Commission designated by the chair;
76 (k) the chair of the Utah Substance Use and Mental Health Advisory Council or a
77 member of the Utah Substance Use and Mental Health Advisory Council designated by the
78 chair;
79 (l) the chair of the Utah Board of Juvenile Justice or a member of the Utah Board of
80 Juvenile Justice designated by the chair;
81 (m) the chair of the Utah Victim Services Commission or a member of the Utah Victim
82 Services Commission designated by the chair;
83 [
84 Council on Victims of Crime designated by the chair;
85 [
86 attorney designated by the executive director;
87 [
88 Indigent Defense Commission designated by the chair;
89 [
90 attorney; and
91 [
92 (i) a juvenile court judge, appointed by the chief justice, as presiding officer of the
93 Judicial Council;
94 (ii) a representative of the statewide association of public attorneys designated by the
95 association's officers;
96 (iii) one member of the House of Representatives who is appointed by the speaker of
97 the House of Representatives; and
98 (iv) one member of the Senate who is appointed by the president of the Senate.
99 (2) The governor shall appoint the remaining five members to four-year staggered
100 terms as follows:
101 (a) one criminal defense attorney appointed from a list of three nominees submitted by
102 the Utah State Bar Association;
103 (b) one attorney who primarily represents juveniles in delinquency matters appointed
104 from a list of three nominees submitted by the Utah Bar Association;
105 (c) one representative of public education;
106 (d) one citizen representative; and
107 (e) a representative from a local faith who has experience with the criminal justice
108 system.
109 (3) In addition to the members designated under Subsections (1) and (2), the United
110 States Attorney for the district of Utah or an attorney designated by the United States Attorney
111 may serve as a nonvoting member.
112 (4) In appointing the members under Subsection (2), the governor shall take into
113 account the geographical makeup of the commission.
114 Section 2. Section 63M-7-219 is enacted to read:
115 63M-7-219. Victim Services Restricted Account -- Funding -- Uses.
116 (1) There is created in the General Fund a restricted account known as the "Victim
117 Services Restricted Account."
118 (2) The Victim Services Restricted Account is funded by:
119 (a) money appropriated to the account by the Legislature;
120 (b) gifts, donations, or grants from private entities or individuals; and
121 (c) interest earned on money in the account.
122 (3) Subject to appropriation, the Legislature shall use the funds in the Victim Services
123 Restricted Account to fund services for victims, including using funds for:
124 (a) services provided by Children's Justice Centers;
125 (b) services for sexual assault and domestic violence victims;
126 (c) services recommended by the Utah Victim Services Commission under Section
127 63M-7-804; or
128 (d) any administrative costs associated with implementing victim services.
129 Section 3. Section 63M-7-301 is amended to read:
130 63M-7-301. Definitions -- Creation of council -- Membership -- Terms.
131 (1) (a) As used in this part, "council" means the Utah Substance Use and Mental Health
132 Advisory Council created in this section.
133 (b) There is created within the governor's office the Utah Substance Use and Mental
134 Health Advisory Council.
135 (2) The council shall be comprised of the following voting members:
136 (a) the attorney general or the attorney general's designee;
137 (b) one elected county official appointed by the Utah Association of Counties;
138 (c) the commissioner of public safety or the commissioner's designee;
139 (d) the director of the Division of Integrated Healthcare or the director's designee;
140 (e) the state superintendent of public instruction or the superintendent's designee;
141 (f) the executive director of the Department of Health and Human Services or the
142 executive director's designee;
143 (g) the executive director of the State Commission on Criminal and Juvenile Justice or
144 the executive director's designee;
145 (h) the executive director of the Department of Corrections or the executive director's
146 designee;
147 (i) the director of the Division of Juvenile Justice Services or the director's designee;
148 (j) the director of the Division of Child and Family Services or the director's designee;
149 (k) the chair of the Board of Pardons and Parole or the chair's designee;
150 (l) the director of the Office of Multicultural Affairs or the director's designee;
151 (m) the director of the Division of Indian Affairs or the director's designee;
152 (n) the state court administrator or the state court administrator's designee;
153 (o) one district court judge who presides over a drug court and who is appointed by the
154 chief justice of the Utah Supreme Court;
155 (p) one district court judge who presides over a mental health court and who is
156 appointed by the chief justice of the Utah Supreme Court;
157 (q) one juvenile court judge who presides over a drug court and who is appointed by
158 the chief justice of the Utah Supreme Court;
159 (r) one prosecutor appointed by the Statewide Association of Prosecutors;
160 (s) the chair or co-chair of each committee established by the council;
161 (t) the chair or co-chair of the Statewide Suicide Prevention Coalition created under
162 Subsection 62A-15-1101(2);
163 (u) one representative appointed by the Utah League of Cities and Towns to serve a
164 four-year term;
165 (v) the chair of the Utah Victim Services Commission or the chair's designee;
166 [
167 (i) one resident of the state who has been personally affected by a substance use or
168 mental health disorder; and
169 (ii) one citizen representative; and
170 [
171 [
172 Subsections (2)(a) through [
173 (i) one resident of the state who represents a statewide advocacy organization for
174 recovery from substance use disorders;
175 (ii) one resident of the state who represents a statewide advocacy organization for
176 recovery from mental illness;
177 (iii) one resident of the state who represents a statewide advocacy organization for
178 protection of rights of individuals with a disability;
179 (iv) one resident of the state who represents prevention professionals;
180 (v) one resident of the state who represents treatment professionals;
181 (vi) one resident of the state who represents the physical health care field;
182 (vii) one resident of the state who is a criminal defense attorney;
183 (viii) one resident of the state who is a military servicemember or military veteran
184 under Section 53B-8-102;
185 (ix) one resident of the state who represents local law enforcement agencies;
186 (x) one representative of private service providers that serve youth with substance use
187 disorders or mental health disorders; and
188 (xi) one resident of the state who is certified by the Division of Integrated Healthcare
189 as a peer support specialist as described in Subsection 62A-15-103(2)(h).
190 (3) An individual other than an individual described in Subsection (2) may not be
191 appointed as a voting member of the council.
192 Section 4. Section 63M-7-601 is amended to read:
193 63M-7-601. Creation -- Members -- Chair.
194 (1) There is created within the governor's office the Utah Council on Victims of Crime.
195 (2) The council [
196 (a) a representative of the State Commission on Criminal and Juvenile Justice
197 appointed by the executive director;
198 (b) a representative of the Department of Corrections appointed by the executive
199 director;
200 (c) a representative of the Board of Pardons and Parole appointed by the chair;
201 (d) a representative of the Department of Public Safety appointed by the commissioner;
202 (e) a representative of the Division of Juvenile Justice Services appointed by the
203 director;
204 (f) a representative of the Utah Office for Victims of Crime appointed by the director;
205 (g) a representative of the Office of the Attorney General appointed by the attorney
206 general;
207 (h) a representative of the United States Attorney for the district of Utah appointed by
208 the United States Attorney;
209 (i) a representative of Utah's Native American community appointed by the director of
210 the Division of Indian Affairs after input from federally recognized tribes in Utah;
211 (j) a professional or volunteer working in the area of violence against women and
212 families appointed by the governor;
213 (k) a representative of the [
214 Services Violence and Injury Prevention Program appointed by the program's manager;
215 (l) the chair of each judicial district's victims' rights committee;
216 (m) a representative of the Statewide Association of Public Attorneys appointed by that
217 association;
218 (n) a representative of the Utah Chiefs of Police Association appointed by the president
219 of that association;
220 (o) a representative of the Utah Sheriffs' Association appointed by the president of that
221 association;
222 (p) a representative of a Children's Justice Center appointed by the attorney general;
223 (q) the director of the Division of Child and Family Services or that individual's
224 designee; [
225 (r) the chair of the Utah Victim Services Commission or the chair's designee; and
226 [
227 through [
228 (i) an individual who engages in community based advocacy;
229 (ii) a citizen representative; and
230 (iii) a citizen representative who has been a victim of crime.
231 (3) The council shall annually elect:
232 (a) one member to serve as chair;
233 (b) one member to serve as vice-chair; and
234 (c) one member to serve as treasurer.
235 Section 5. Section 63M-7-702 is amended to read:
236 63M-7-702. Domestic Violence Offender Treatment Board -- Creation --
237 Membership -- Quorum -- Per diem -- Staff support -- Meetings.
238 (1) There is created within the commission the Domestic Violence Offender Treatment
239 Board consisting of the following members:
240 (a) the executive director of the Department of Corrections, or the executive director's
241 designee;
242 (b) the executive director of the Department of Health and Human Services, or the
243 executive director's designee;
244 (c) one individual who represents a state program that focuses on prevention of injury
245 and domestic violence appointed by the executive director of the Department of Health and
246 Human Services;
247 (d) the commissioner of public safety for the Department of Public Safety, or the
248 commissioner's designee;
249 (e) the chair of the Utah Victim Services Commission or the chair's designee;
250 [
251 [
252 [
253 designee;
254 [
255 appointed by the state court administrator; and
256 [
257 including:
258 (i) the following four individuals licensed under Title 58, Chapter 60, Mental Health
259 Professional Practice Act:
260 (A) a clinical social worker;
261 (B) a marriage and family therapist;
262 (C) a professional counselor; and
263 (D) a psychologist;
264 (ii) one individual who represents an association of criminal defense attorneys;
265 (iii) one criminal defense attorney who primarily represents indigent criminal
266 defendants;
267 (iv) one individual who represents an association of prosecuting attorneys;
268 (v) one individual who represents law enforcement;
269 (vi) one individual who represents an association of criminal justice victim advocates;
270 and
271 (vii) one individual who represents a nonprofit organization that provides domestic
272 violence victim advocate services.
273 (2) (a) A member may not serve on the board for more than eight consecutive years.
274 (b) If a vacancy occurs in the membership of the board appointed under Subsection (1),
275 the member shall be replaced in the same manner in which the original appointment was made.
276 (c) A member of the board serves until the member's successor is appointed.
277 (3) The members of the board shall vote on a chair and co-chair of the board to serve
278 for two years.
279 (4) (a) A majority of the board members constitutes a quorum.
280 (b) The action of a majority of a quorum constitutes an action of the board.
281 (5) A board member may not receive compensation or benefits for the member's
282 service on the board, but may receive per diem and reimbursement for travel expenses incurred
283 as a board member at the rates established by the Division of Finance under:
284 (a) Sections 63A-3-106 and 63A-3-107; and
285 (b) rules made by the Division of Finance under Sections 63A-3-106 and 63A-3-107.
286 (6) The commission shall provide staff support to the board.
287 (7) The board shall meet at least quarterly on a date the board sets.
288 Section 6. Section 63M-7-801 is enacted to read:
289
290 63M-7-801. Definitions.
291 As used in this part:
292 (1) "Commission" means the Utah Victim Services Commission.
293 (2) "Criminal justice system victim advocate" means the same as that term is defined in
294 Section 77-38-403.
295 (3) "Member" means a member of the Utah Victim Services Commission.
296 (4) "State domestic violence coalition" means the same as that term is defined in 45
297 C.F.R. Sec. 1370.2.
298 (5) "State sexual assault coalition" means the same as that term is defined in 34 U.S.C.
299 Sec. 12291.
300 (6) "Tribal coalition" means the same as that term is defined in 34 U.S.C. Sec. 12291.
301 (7) "Victim Services Restricted Account" means the account created in Section
302 63M-7-219.
303 Section 7. Section 63M-7-802 is enacted to read:
304 63M-7-802. Creation -- Membership -- Terms -- Vacancies -- Expenses.
305 (1) There is created the Utah Victim Services Commission within the State
306 Commission on Criminal and Juvenile Justice.
307 (2) The commission is composed of the following members:
308 (a) the executive director of the State Commission on Criminal and Juvenile Justice or
309 the executive director's designee;
310 (b) the director of the Utah Office for Victims of Crime or the director's designee;
311 (c) the executive director of the Department of Health and Human Services or the
312 executive director's designee;
313 (d) the executive director of the Department of Corrections or the executive director's
314 designee;
315 (e) the director of the Division of Multicultural Affairs or the director's designee;
316 (f) the executive director of the state sexual assault coalition for this state or the
317 executive director's designee;
318 (g) the executive director of the state domestic violence coalition for this state or the
319 executive director's designee;
320 (h) the executive director of the tribal coalition for this state or the executive director's
321 designee;
322 (i) the director of the Children's Justice Center Program in the Office of the Attorney
323 General or the director's designee;
324 (j) the chair of the Children's Justice Center Standing Committee or the chair's
325 designee;
326 (k) the attorney general or the attorney general's designee;
327 (l) the commissioner of the Department of Public Safety or the commissioner's
328 designee;
329 (m) a criminal justice system based advocate, appointed by the governor with the
330 advice and consent of the Senate;
331 (n) a prosecuting attorney, appointed by the governor with the advice and consent of
332 the Senate;
333 (o) a criminal defense attorney, appointed by the governor with the advice and consent
334 of the Senate;
335 (p) a law enforcement representative from the Utah Sheriffs Association or Utah Chiefs
336 of Police Association, appointed by the governor with the advice and consent of the Senate;
337 (q) an individual who is a victim of crime, appointed by the governor with the advice
338 and consent of the Senate;
339 (r) an individual who is a current or former representative from the House of
340 Representatives or has experience or expertise with the legislative process, appointed by the
341 speaker of the House of Representatives; and
342 (s) an individual who is a current or former senator from the Senate or has experience
343 or expertise with the legislative process, appointed by the president of the Senate.
344 (3) (a) A member appointed under Subsections (2)(m) through (s) shall serve a
345 four-year term.
346 (b) A member appointed to serve a four-year term is eligible for reappointment.
347 (4) When a vacancy occurs in the membership of the commission for any reason, the
348 replacement shall be appointed by the applicable appointing authority for the remainder of the
349 unexpired term of the original appointment.
350 (5) Except as otherwise provided in Subsection (5), a member may not receive
351 compensation for the member's service but may receive per diem and reimbursement for travel
352 expenses incurred as a member at the rates established by:
353 (a) Section 63A-3-106;
354 (b) Section 63A-3-107; and
355 (c) rules made by the Division of Finance according to Sections 63A-3-106 and
356 63A-3-107.
357 (6) A member may not receive per diem or reimbursement for travel expenses under
358 Subsection (5) if the member is being paid by a governmental entity while performing the
359 member's service on the commission.
360 Section 8. Section 63M-7-803 is enacted to read:
361 63M-7-803. Chair and vice chair -- Procedure -- Subcommittees.
362 (1) (a) Except as provided in Subsection (1)(b), the governor shall appoint, with the
363 advice and consent of the Senate, a chair from among the membership of the commission.
364 (b) A member who is a legislator may not be appointed as the chair of the commission.
365 (c) The chair of the commission shall serve a two-year term.
366 (2) (a) The members of the commission shall elect a vice chair from among the
367 membership of the commission.
368 (b) The vice chair of the commission shall serve a two-year term.
369 (c) A member who is a legislator may not be elected as the vice chair of the
370 commission.
371 (3) (a) A majority of the members of the commission constitutes a quorum.
372 (b) The action of a majority of a quorum constitutes the action of the commission.
373 (4) The commission shall meet quarterly or more frequently as determined necessary
374 by the chair.
375 (5) The commission shall establish:
376 (a) a subcommittee focused on domestic violence that is co-chaired by:
377 (i) the executive director of the state domestic violence coalition for this state or the
378 executive director's designee; and
379 (ii) the executive director of the tribal coalition for this state or the executive director's
380 designee;
381 (b) a subcommittee focused on rape and sexual assault that is co-chaired by:
382 (i) the executive director of the state sexual assault coalition for this state or the
383 executive director's designee; and
384 (ii) the executive director of the tribal coalition for this state or the executive director's
385 designee;
386 (c) a subcommittee focused on child abuse that is chaired by the chair of the Children's
387 Justice Center Standing Committee or the chair's designee;
388 (d) a subcommittee focused on multicultural communities with distinct victimization
389 issues that is chaired by the director of Division of Multicultural Affairs or the director's
390 designee; and
391 (e) any other subcommittee as needed to assist the commission in accomplishing the
392 duties of the commission, including an executive subcommittee.
393 (6) Except as otherwise provided in Subsection (5), the commission may:
394 (a) appoint to a subcommittee any member of the commission or any other individual
395 with subject-matter expertise that is relevant to a subcommittee's focus and purpose;
396 (b) appoint the chair of any subcommittee; and
397 (c) establish the focus and purpose of a subcommittee.
398 Section 9. Section 63M-7-804 is enacted to read:
399 63M-7-804. Duties of the commission -- Report.
400 (1) The commission shall, in partnership with state agencies and organizations,
401 including the Children's Justice Center Program, the Utah Office for Victims of Crime, the
402 Utah Council on Victims of Crime, and the Division of Child and Family Services:
403 (a) review and assess the duties and practices of the State Commission on Criminal and
404 Juvenile Justice regarding services and criminal justice policies pertaining to victims;
405 (b) encourage and facilitate the development and coordination of trauma-informed
406 services for crime victims throughout the state;
407 (c) encourage and foster public and private partnerships for the purpose of:
408 (i) assessing needs for crime victim services throughout the state;
409 (ii) developing crime victim services and resources throughout the state; and
410 (iii) coordinating crime victim services and resources throughout the state;
411 (d) generate unity for ongoing efforts to reduce and eliminate the impact of crime on
412 victims through a comprehensive and evidence-based prevention, treatment, and justice
413 strategy;
414 (e) recommend and support the creation, dissemination, and implementation of
415 statewide policies and plans to address crimes, including domestic violence, sexual violence,
416 child abuse, and driving under the influence of drugs and alcohol;
417 (f) develop a systematic process and clearinghouse for the collection and dissemination
418 of data on domestic violence and sexual violence;
419 (g) collect information on statewide funding for crime victim services and prevention
420 efforts, including the sources, disbursement, and outcomes of statewide funding for crime
421 victim services and prevention efforts;
422 (h) consider recommendations from any subcommittee of the commission; and
423 (i) make recommendations regarding:
424 (i) the duties and practices of the State Commission on Criminal and Juvenile Justice
425 to ensure that:
426 (A) crime victims are a vital part of the criminal justice system of the state;
427 (B) all crime victims and witnesses are treated with dignity, respect, courtesy, and
428 sensitivity; and
429 (C) the rights of crime victims and witnesses are honored and protected by law in a
430 manner no less vigorous than protections afforded to criminal defendants; and
431 (ii) statewide funding for crime victim services and prevention efforts.
432 (2) The commission may recommend to the Legislature the services to be funded by
433 the Victim Services Restricted Account.
434 (3) The commission shall report the commission's recommendations annually to the
435 State Commission on Criminal and Juvenile Justice, the governor, the Judicial Council, the
436 Executive Offices and Criminal Justice Appropriations Subcommittee, the Health and Human
437 Services Interim Committee, the Judiciary Interim Committee, and the Law Enforcement and
438 Criminal Justice Interim Committee.
439 (4) When taking an action or making a recommendation, the commission shall respect
440 that a state agency is bound to follow state law and may have duties or responsibilities imposed
441 by state law.
442 Section 10. Section 63M-7-805 is enacted to read:
443 63M-7-805. Staff -- Contract with third party.
444 (1) The State Commission on Criminal and Juvenile Justice shall provide staff to the
445 commission and to any subcommittee of the commission.
446 (2) The commission may contract with a third party to assist the commission with
447 reviewing and providing recommendations on:
448 (a) the best practices and policies for crime victim services;
449 (b) the structure and membership of the commission;
450 (c) the purpose and duties of the commission, including any overlapping duties that the
451 commission has with another state office, board, or commission;
452 (d) the funding for crime victim services in this state, including the need for funding,
453 the management of state funds for crime victim services, and the implementation of
454 accountability and performance measures; and
455 (e) any other issue related to the duties of the commission that the third party may
456 provide assistance.
457 Section 11. Appropriation.
458 The following sums of money are appropriated for the fiscal year beginning July 1,
459 2023, and ending June 30, 2024. These are additions to amounts previously appropriated for
460 fiscal year 2024. Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures
461 Act, the Legislature appropriates the following sums of money from the funds or accounts
462 indicated for the use and support of the government of the state of Utah.
463 ITEM 1
464 To Governor's Office - State Commission on Criminal and Juvenile Justice
465 From General Fund
550,000
466 Schedule of Programs:
467 Utah Victim Services Commission 550,000
468 The Legislature intends that the State Commission on Criminal and Juvenile Justice use
469 the funds appropriated under this item to staff the Utah Victims Services Commission.
470 ITEM 2
471 To Governor's Office - State Commission on Criminal and Juvenile Justice
472 From General Fund, One-time
500,000
473 Schedule of Programs:
474 Utah Victim Services Commission 500,000
475 The Legislature intends that the Utah Victim Services Commission use funds
476 appropriated under this item to hire a third party to assist the Utah Victim Services
477 Commission in accordance with Subsection 63M-7-805(2).
478