Bill Summary – FastDemocracy

Enrolled Copy                                                                           S.B. 179
                            CRIMINAL JUSTICE AMENDMENTS
                                       2022 GENERAL SESSION
                                           STATE OF UTAH
                                 Chief Sponsor: Todd D. Weiler
                                 House Sponsor: Ryan D. Wilcox
 6
 LONG TITLE
 General Description:
         This bill addresses provisions related to the criminal justice system.
 Highlighted Provisions:
         This bill:
         < creates and modifies definitions;
         < modifies provisions requiring a county jail to report certain information to the State
 Commission on Criminal and Juvenile Justice (CCJJ);
         < prohibits CCJJ from providing a state grant to an agency or program who is not in
 compliance with certain statutory reporting requirements;
         < requires certain residential, vocational, and life skills programs to provide data to
 CCJJ;
         < requires CCJJ to evaluate, report, and publish certain data;
         < requires a county to create a criminal justice coordinating council subject to certain
 requirements;
         < removes and modifies provisions related to certification by the Division of
 Substance Abuse and Mental Health (DSAMH) of treatment providers who work
 with individuals involved in the criminal justice system;
         < requires DSAMH to:
             C   establish outcome measurements for treatment programs, including
 measurements related to recidivism reduction;
             C   coordinate with the Administrative Office of the Courts, the Department of
 Corrections (DOC), the Department of Workforce Services, and the Board of
      S.B. 179                                                                         Enrolled Copy
 Pardons and Parole to collect certain recidivism data;
            C     meet certain reporting requirements for the measurements and data; and
            C     publish certain treatment information online;
        < modifies the Statewide Behavioral Health Crisis Response Account;
        < requires DOC to:
            C     track an offender's compliance with certain treatment while on probation or
 parole; and
            C     create a case action plan for an offender within a certain time frame;
        < prohibits DOC from contracting with a county to house state inmates if the county is
 not in compliance with certain statutory reporting requirements;
        < provides that a felony offense is not required for participation in a drug court
 program; and
        < makes technical and conforming changes.
 Money Appropriated in this Bill:
        This bill appropriates in fiscal year 2023:
        < to General Fund Restricted -- Behavioral Health Crisis Response Account, as an
 ongoing appropriation:
            C     from General Fund, $1,000,000; and
        < to Department of Health and Human Services -- Integrated Health Care Services --
 Non-Medicaid Behavioral Health Treatment and Crisis Response, as an ongoing
 appropriation:
            C     from the General Fund Restricted -- Behavioral Health Crisis Response
 Account, $1,000,000.
 Other Special Clauses:
        None
 Utah Code Sections Affected:
 AMENDS:
        17-22-32, as last amended by Laws of Utah 2020, Chapters 283 and 413
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        62A-4a-412, as last amended by Laws of Utah 2021, Chapters 29, 231, 262, and 419
        62A-15-103, as last amended by Laws of Utah 2021, Chapters 231 and 277
        62A-15-123, as enacted by Laws of Utah 2021, Chapter 76
        62A-15-602, as last amended by Laws of Utah 2021, Chapter 122
        63M-7-204, as last amended by Laws of Utah 2021, Chapters 64 and 426
        64-13-6, as last amended by Laws of Utah 2021, Chapters 173, 246, and 260
        64-13-21, as last amended by Laws of Utah 2021, Chapters 173 and 260
        64-13-26, as last amended by Laws of Utah 2015, Chapter 412
        64-13e-103, as last amended by Laws of Utah 2020, Chapter 410
        78A-5-201, as last amended by Laws of Utah 2015, Chapter 412
 ENACTS:
        13-53-111, Utah Code Annotated 1953
        17-55-101, Utah Code Annotated 1953
        17-55-201, Utah Code Annotated 1953
        63M-7-218, Utah Code Annotated 1953
 REPEALS:
        62A-15-103.5, as last amended by Laws of Utah 2021, Chapter 64
75
 Be it enacted by the Legislature of the state of Utah:
        Section 1. Section 13-53-111 is enacted to read:
        13-53-111. Recidivism reporting requirements.
        (1) A residential, vocational and life skills program shall collect data on recidivism of
 participants, including data on:
        (a) participants who participate in the residential, vocational and life skills program
 while under the supervision of a criminal court or the Board of Pardons and Parole and are
 convicted of another offense while participating in the program or within two years after the
 day on which the program ends; and
        (b) the type of services provided to, and employment of, the participants described in
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        S.B. 179                                                                       Enrolled Copy
 Subsection (1)(a).
         (2) A residential, vocational and life skills program shall annually, on or before August
 31, provide the data described in Subsection (1) to the State Commission on Criminal and
 Juvenile Justice, to be included in the report described in Subsection 63M-7-204(1)(x).
         Section 2. Section 17-22-32 is amended to read:
         17-22-32. County jail reporting requirements.
         (1) As used in this section:
         (a) "Commission" means the State Commission on Criminal and Juvenile Justice
 created in Section 63M-7-201.
         (b) (i) "In-custody death" means an inmate death that occurs while the inmate is in the
 custody of a county jail.
         (ii) "In-custody death" includes an inmate death that occurs while the inmate is:
         (A) being transported for medical care; or
         (B) receiving medical care outside of a county jail.
         (c) "Inmate" means an individual who is processed or booked into custody or housed in
 a county jail in the state.
         (d) "Opiate" means the same as that term is defined in Section 58-37-2.
         (2) Each county jail shall submit a report to the commission before June 15 of each
 year that includes, for the preceding calendar year [if reasonably available]:
         (a) the average daily inmate population each month;
         (b) the number of inmates in the county jail on the last day of each month who identify
 as each race or ethnicity included in the Standards for Transmitting Race and Ethnicity
 published by the Untied States Federal Bureau of Investigation;
         (c) the number of inmates booked into the county jail;
         (d) the number of inmates held in the county jail each month on behalf of each of the
 following entities:
         (i) the Bureau of Indian Affairs;
         (ii) a state prison;
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         (iii) a federal prison;
         (iv) the United States Immigration and Customs Enforcement;
         (v) any other entity with which a county jail has entered a contract to house inmates on
 the entity's behalf;
         (e) the number of inmates that are denied pretrial release and held in the custody of the
 county jail while the inmate awaited final disposition of the inmate's criminal charges;
         (f) for each inmate booked into the county jail:
         (i) the name of the agency that arrested the inmate;
         (ii) the date and time the inmate was booked into and released from the custody of the
 county jail;
         (iii) if the inmate was released from the custody of the county jail, the reason the
 inmate was released from the custody of the county jail;
         (iv) if the inmate was released from the custody of the county jail on a financial
 condition, whether the financial condition was set by a bail commissioner or a court;
         (v) the number of days the inmate was held in the custody of the county jail before
 disposition of the inmate's criminal charges;
         (vi) whether the inmate was released from the custody of the county jail before final
 disposition of the inmate's criminal charges; and
         (vii) the state identification number of the inmate;
         (g) the number of in-custody deaths that occurred at the county jail;
         (h) for each in-custody death;
         (i) the name, gender, race, ethnicity, age, and known or suspected medical diagnosis or
 disability, if any, of the deceased;
         (ii) the date, time, and location of death;
         (iii) the law enforcement agency that detained, arrested, or was in the process of
 arresting the deceased; and
         (iv) a brief description of the circumstances surrounding the death;
         (i) the known, or discoverable on reasonable inquiry, causes and contributing factors of
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        S.B. 179                                                                          Enrolled Copy
 each of the in-custody deaths described in Subsection (2)(g);
        (j) the county jail's policy for notifying an inmate's next of kin after the inmate's
 in-custody death;
        (k) the county jail policies, procedures, and protocols:
        (i) for treatment of an inmate experiencing withdrawal from alcohol or substance use,
 including use of opiates;
        (ii) that relate to the county jail's provision, or lack of provision, of medications used to
 treat, mitigate, or address an inmate's symptoms of withdrawal, including methadone and all
 forms of buprenorphine and naltrexone; and
        (iii) that relate to screening, assessment, and treatment of an inmate for a substance use
 or mental health disorder; and
        (l) any report the county jail provides or is required to provide under federal law or
 regulation relating to inmate deaths.
        (3) (a) Subsection (2) does not apply to a county jail if the county jail:
        (i) collects and stores the data described in Subsection (2); and
        (ii) enters into a memorandum of understanding with the commission that allows the
 commission to access the data described in Subsection (2).
        (b) The memorandum of understanding described in Subsection (3)(a)(ii) shall include
 a provision to protect any information related to an ongoing investigation and comply with all
 applicable federal and state laws.
        (c) If the commission accesses data from a county jail in accordance with Subsection
 (3)(a), the commission may not release a report prepared from that data, unless:
        (i) the commission provides the report for review to:
        (A) the county jail; and
        (B) any arresting agency that is named in the report; and
        (ii) (A) the county jail approves the report for release;
        (B) the county jail reviews the report and prepares a response to the report to be
 published with the report; or
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        (C) the county jail fails to provide a response to the report within four weeks after the
 day on which the commission provides the report to the county jail.
        (4) The commission shall:
        (a) compile the information from the reports described in Subsection (2);
        (b) omit or redact any identifying information of an inmate in the compilation to the
 extent omission or redaction is necessary to comply with state and federal law;
        (c) submit the compilation to the Law Enforcement and Criminal Justice Interim
 Committee and the Utah Substance Use and Mental Health Advisory Council before November
 1 of each year; and
        (d) submit the compilation to the protection and advocacy agency designated by the
 governor before November 1 of each year.
        (5) The [Commission on Criminal and Juvenile Justice] commission may not provide
 access to or use a county jail's policies, procedures, or protocols submitted under this section in
 a manner or for a purpose not described in this section.
        (6) A report including only the names and causes of death of deceased inmates and the
 facility in which they were being held in custody [will] shall be made available to the public.
        Section 3. Section 17-55-101 is enacted to read:
               CHAPTER 55. CRIMINAL JUSTICE COORDINATING COUNCILS
                                       Part 1. General Provisions
        17-55-101. Definitions.
        As used in this part:
        (1) "Commission" means the State Commission on Criminal and Juvenile Justice
 created in Section 63M-7-201.
        (2) "Criminal justice agency" means an agency or institution directly involved in the
 apprehension, prosecution, or incarceration of a person involved in criminal activity.
        (3) "Criminal justice coordinating council" or "council" means a council created by a
 county or counties in accordance with Section 17-55-201.
        (4) "Criminal justice system" means the continuum of criminal justice agencies and
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        S.B. 179                                                                       Enrolled Copy
 post-incarceration services that an individual may encounter as a result of the individual's
 criminal activity.
        (5) (a) "Post-incarceration services" means services that may assist an individual who
 is leaving incarceration to reintegrate into the community.
        (b) "Post-incarceration services" includes:
        (i) educational services;
        (ii) housing services;
        (iii) health care services;
        (iv) workforce services; and
        (v) human services programs.
        Section 4. Section 17-55-201 is enacted to read:
                            Part 2. Criminal Justice Coordinating Councils
        17-55-201. Criminal justice coordinating councils -- Creation -- Strategic plan --
 Reporting requirements.
        (1) (a) Beginning January 1, 2023, a county shall:
        (i) create a criminal justice coordinating council; or
        (ii) jointly with another county or counties, create a criminal justice coordinating
 council.
        (b) The purpose of a council is to coordinate and improve components of the criminal
 justice system in the county or counties.
        (2) (a) A council shall include:
        (i) one county commissioner or county council member;
        (ii) the county sheriff or the sheriff's designee;
        (iii) one chief of police of a municipality within the county or the chief's designee;
        (iv) the county attorney or the attorney's designee;
        (v) one public defender or attorney who provides public defense within the county;
        (vi) one district court judge;
        (vii) one justice court judge;
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        (viii) one representative from the Division of Adult Probation and Parole within the
 Department of Corrections;
        (ix) one representative from the local mental health authority within the county; and
        (x) one individual who is:
        (A) a crime victim; or
        (B) a victim advocate, as defined in Section 77-38-403.
        (b) A council may include:
        (i) an individual representing:
        (A) local government;
        (B) human services programs;
        (C) higher education;
        (D) peer support services;
        (E) workforce services;
        (F) local housing services;
        (G) mental health or substance use disorder providers;
        (H) a health care organization within the county;
        (I) a local homeless council;
        (J) family counseling and support groups; or
        (K) organizations that work with families of incarcerated individuals; or
        (ii) an individual with lived experiences in the criminal justice system.
        (3) The member described in Subsection (2)(a)(i) shall serve as chair of the council.
        (4) (a) A council shall develop and implement a strategic plan for the county's or
 counties' criminal justice system that includes:
        (i) mapping of all systems, resources, assets, and services within the county's or
 counties' criminal justice system;
        (ii) a plan for data sharing across the county's or counties' criminal justice system;
        (iii) recidivism reduction objectives; and
        (iv) community reintegration goals.
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