Enrolled Copy H.B. 244
1 UTAH VICTIM SERVICES COMMISSION AND VICTIM SERVICES
2 2023 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Ken Ivory
5 Senate Sponsor: Michael S. Kennedy
6
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:
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30 < to Governor's Office - State Commission on Criminal and Juvenile Justice - Utah
31 Victim Services Commission, as an ongoing appropriation:
32 C 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 C 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 [commission on criminal and juvenile justice shall be composed of 25] State
57 Commission on Criminal and Juvenile Justice is composed of 26 voting members as follows:
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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 [Department of Human Services] Department of
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 [(m)] (n) the chair of the Utah Council on Victims of Crime or a member of the Utah
84 Council on Victims of Crime designated by the chair;
85 [(n)] (o) the executive director of the Salt Lake Legal Defender Association or an
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86 attorney designated by the executive director;
87 [(o)] (p) the chair of the Utah Indigent Defense Commission or a member of the
88 Indigent Defense Commission designated by the chair;
89 [(p)] (q) the Salt Lake County District Attorney or an attorney designated by the district
90 attorney; and
91 [(q)] (r) the following members designated to serve four-year terms:
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.
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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
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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 [(v)] (w) the following members appointed by the governor to serve four-year terms:
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
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170 [(w)] (x) in addition to the voting members described in Subsections (2)(a) through
171 [(v)] (w), the following voting members appointed by a majority of the members described in
172 Subsections (2)(a) through [(v)] (w) to serve four-year terms:
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 [shall be] is composed of [27] 28 voting members as follows:
196 (a) a representative of the State Commission on Criminal and Juvenile Justice
197 appointed by the executive director;
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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 [Department of Health's] Department of Health and Human
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; [and]
225 (r) the chair of the Utah Victim Services Commission or the chair's designee; and
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226 [(r)] (s) the following members appointed by the members in Subsections (2)(a)
227 through [(2)(q)] (2)(r) to serve four-year terms:
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