LEGISLATIVE GENERAL COUNSEL S.B. 200
6 Approved for Filing: S. Larson 6 3rd Sub. (Ivory)
6 02-21-24 4:52 PM 6
Senator Michael K. McKell proposes the following substitute bill:
1 STATE COMMISSION ON CRIMINAL AND JUVENILE
2 JUSTICE AMENDMENTS
3 2024 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Michael K. McKell
6 House Sponsor: Karianne Lisonbee
7
8 LONG TITLE
9 General Description:
10 This bill amends provisions regarding the State Commission on Criminal and Juvenile
11 Justice.
12 Highlighted Provisions:
13 This bill:
14 < adjusts the number of members on:
15 C the State Commission on Criminal and Juvenile Justice; and
16 C the sentencing commission;
17 < amends the duties of the Sentencing Commission;
18 < requires the Legislature to approve the sentencing and supervision length guidelines
19 and the juvenile disposition guidelines developed by the State Commission on
20 Criminal and Juvenile Justice; and 3rd Sub. S.B. 200
21 < makes technical and conforming changes.
22 Money Appropriated in this Bill:
23 None
24 Other Special Clauses:
25 None
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26 Utah Code Sections Affected:
27 AMENDS:
28 36-29-108, as last amended by Laws of Utah 2023, Chapter 112
29 63M-7-102, as enacted by Laws of Utah 2023, Chapter 177
30 63M-7-202, as last amended by Laws of Utah 2023, Chapter 150
31 63M-7-204, as last amended by Laws of Utah 2023, Chapters 158, 330, 382, and 500
32 63M-7-402, as last amended by Laws of Utah 2020, Chapter 154
33 63M-7-405, as last amended by Laws of Utah 2022, Chapter 274
34 63M-7-406, as renumbered and amended by Laws of Utah 2008, Chapter 382
35 64-13-6, as last amended by Laws of Utah 2023, Chapter 177
36 64-13-14.5, as last amended by Laws of Utah 2015, Chapter 412
37 64-13-21, as last amended by Laws of Utah 2022, Chapter 187
38 64-13g-102, as last amended by Laws of Utah 2023, Chapter 177
39 76-3-202, as last amended by Laws of Utah 2022, Chapter 181
40 76-5-102.1, as last amended by Laws of Utah 2023, Chapters 111, 415
41 76-5-207, as last amended by Laws of Utah 2023, Chapter 415
42 77-2a-2, as last amended by Laws of Utah 2020, Chapter 281
43 77-18-105, as last amended by Laws of Utah 2023, Chapters 111, 257
44 77-18-108, as last amended by Laws of Utah 2023, Chapter 113
45 77-27-5, as last amended by Laws of Utah 2023, Chapters 151, 173
46 77-27-10, as last amended by Laws of Utah 2022, Chapter 430
47 77-27-11, as last amended by Laws of Utah 2022, Chapter 115
48 77-27-32, as enacted by Laws of Utah 2023, Chapter 151
49 80-6-307, as renumbered and amended by Laws of Utah 2021, Chapter 261
50 80-6-607, as renumbered and amended by Laws of Utah 2021, Chapter 261
51 ENACTS:
52 63M-7-101.5, Utah Code Annotated 1953
53 63M-7-401.1, Utah Code Annotated 1953
54 63M-7-402.5, Utah Code Annotated 1953
55 63M-7-404.1, Utah Code Annotated 1953
56 63M-7-404.3, Utah Code Annotated 1953
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57 63M-7-404.5, Utah Code Annotated 1953
58 RENUMBERS AND AMENDS:
59 63M-7-401.2, (Renumbered from 63M-7-401, as last amended by Laws of Utah 2021,
60 Chapter 173)
61 REPEALS:
62 63M-7-403, as renumbered and amended by Laws of Utah 2008, Chapter 382
63 63M-7-404, as last amended by Laws of Utah 2023, Chapter 111
64
65 Be it enacted by the Legislature of the state of Utah:
66 Section 1. Section 36-29-108 is amended to read:
67 36-29-108. Criminal Code Evaluation Task Force.
68 (1) As used in this section, "task force" means the Criminal Code Evaluation Task
69 Force created in this section.
70 (2) There is created the Criminal Code Evaluation Task Force consisting of the
71 following 15 members:
72 (a) three members of the Senate appointed by the president of the Senate, no more than
73 two of whom may be from the same political party;
74 (b) three members of the House of Representatives appointed by the speaker of the
75 House of Representatives, no more than two of whom may be from the same political party;
76 (c) the executive director of the State Commission on Criminal and Juvenile Justice or
77 the executive director's designee;
78 (d) the director of the [Utah] Sentencing Commission or the director's designee;
79 (e) one member appointed by the presiding officer of the Utah Judicial Council;
80 (f) one member of the Utah Prosecution Council appointed by the chair of the Utah
81 Prosecution Council;
82 (g) the executive director of the Department of Corrections or the executive director's
83 designee;
84 (h) the commissioner of the Department of Public Safety or the commissioner's
85 designee;
86 (i) the director of the Utah Office for Victims of Crime or the director's designee;
87 (j) an individual who represents an association of criminal defense attorneys, appointed
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88 by the president of the Senate; and
89 (k) an individual who represents an association of victim advocates, appointed by the
90 speaker of the House of Representatives.
91 (3) (a) The president of the Senate shall designate a member of the Senate appointed
92 under Subsection (2)(a) as a cochair of the task force.
93 (b) The speaker of the House of Representatives shall designate a member of the House
94 of Representatives appointed under Subsection (2)(b) as a cochair of the task force.
95 (4) (a) A majority of the members of the task force constitutes a quorum.
96 (b) The action of a majority of a quorum constitutes an action of the task force.
97 (5) (a) Salaries and expenses of the members of the task force who are legislators shall
98 be paid in accordance with Section 36-2-2 and Legislative Joint Rules, Title 5, Chapter 3,
99 Legislator Compensation.
100 (b) A member of the task force who is not a legislator:
101 (i) may not receive compensation for the member's work associated with the task force;
102 and
103 (ii) may receive per diem and reimbursement for travel expenses incurred as a member
104 of the task force at the rates established by the Division of Finance under Sections 63A-3-106
105 and 63A-3-107.
106 (6) The Office of Legislative Research and General Counsel shall provide staff support
107 to the task force.
108 (7) The task force shall review the state's criminal code and related statutes and make
109 recommendations regarding:
110 (a) the proper classification of crimes by degrees of felony and misdemeanor;
111 (b) standardizing the format of criminal statutes; and
112 (c) other modifications related to the criminal code and related statutes.
113 (8) On or before November 30 of each year that the task force is in effect, the task
114 force shall provide a report, including any proposed legislation, to:
115 (a) the Law Enforcement and Criminal Justice Interim Committee; and
116 (b) the Legislative Management Committee.
117 (9) The task force is repealed July 1, 2028.
118 Section 2. Section 63M-7-101.5 is enacted to read:
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119 63M-7-101.5. Definitions for chapter.
120 As used in this chapter:
121 (1) "Commission" means the State Commission on Criminal and Juvenile Justice
122 created in Section 63M-7-201.
123 (2) "Desistance" means an individual's abstinence from further criminal activity after a
124 previous criminal conviction.
125 (3) "Intervention" means a program, sanction, supervision, or event that may impact
126 recidivism.
127 (4) "Recidivism" means a return to criminal activity after a previous criminal
128 conviction.
129 (5) "Recidivism standard metric" means the number of individuals who are returned to
130 prison for a new conviction within the three years after the day on which the individuals were
131 released from prison.
132 Section 3. Section 63M-7-102 is amended to read:
133 63M-7-102. Recidivism metrics -- Reporting.
134 [(1) For purposes of this chapter:]
135 [(a) "Commission" means the State Commission on Criminal and Juvenile Justice
136 created in Section 63M-7-201.]
137 [(b) "Desistance" means an individual's abstinence from further criminal activity after a
138 previous criminal conviction.]
139 [(c) "Intervention" means a program, sanction, supervision, or event that may impact
140 recidivism.]
141 [(d) "Recidivism" means a return to criminal activity after a previous criminal
142 conviction.]
143 [(e) "Recidivism standard metric" means the number of individuals who are returned to
144 prison for a new conviction within the three years after the day on which the individuals were
145 released from prison.]
146 [(2)] (1) (a) The commission, the Department of Corrections, and the Board of Pardons
147 and Parole, when reporting data on statewide recidivism, shall include data reflecting the
148 recidivism standard metric.
149 (b) (i) On or before August 1, 2024, the commission shall reevaluate the recidivism
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150 standard metric to determine whether new data streams allow for a broader definition, which
151 may include criminal convictions that do not include prison time.
152 (ii) On or before November 1, 2024, the commission shall report to the Law
153 Enforcement and Criminal Justice Interim Committee:
154 (A) the result of the reevaluation described in Subsection [(2)(b)(i)] (1)(b)(i); and
155 (B) other recommendations regarding standardized recidivism metrics.
156 [(3)] (2) A report on statewide criminal recidivism may also include other information
157 reflecting available recidivism, intervention, or desistance data.
158 [(4)] (3) A criminal justice institution, agency, or entity required to report adult
159 recidivism data to the commission:
160 (a) shall include:
161 (i) a clear description of the eligible individuals, including:
162 (A) the criminal population being evaluated for recidivism; and
163 (B) the interventions that are being evaluated;
164 (ii) a clear description of the beginning and end of the evaluation period; and
165 (iii) a clear description of the events that are considered as a recidivism-triggering
166 event; and
167 (b) may include supplementary data including:
168 (i) the length of time that elapsed before a recidivism-triggering event described in
169 Subsection [(4)(a)(iii)] (3)(a)(iii) occurred;
170 (ii) the severity of a recidivism-triggering event described in Subsection [(4)(a)(iii)]
171 (3)(a)(iii);
172 (iii) measures of personal well-being, education, employment, housing, health, family
173 or social support, civic or community engagement, or legal involvement; or
174 (iv) other desistance metrics that may capture an individual's behavior following the
175 individual's release from an intervention.
176 [(5)] (4) Unless otherwise specified in statute:
177 (a) the evaluation period described in Subsection [(4)(a)(ii)] (3)(a)(ii) is three years;
178 and
179 (b) a recidivism-triggering event under Subsection [(4)(a)(iii)] (3)(a)(iii) shall include:
180 (i) an arrest;
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181 (ii) an admission to prison;
182 (iii) a criminal charge; or
183 (iv) a criminal conviction.
184 Section 4. Section 63M-7-202 is amended to read:
185 63M-7-202. Composition -- Appointments -- Ex officio members -- Terms --
186 United States Attorney as nonvoting member.
187 (1) The State Commission on Criminal and Juvenile Justice is composed of [26] 17
188 voting members as follows:
189 [(a) the chief justice of the supreme court, as the presiding officer of the judicial
190 council, or a judge designated by the chief justice;]
191 [(b)] (a) the state court administrator or the state court administrator's designee;
192 [(c)] (b) the executive director of the Department of Corrections or the executive
193 director's designee;
194 [(d)] (c) the executive director of the Department of Health and Human Services or the
195 executive director's designee;
196 [(e)] (d) the commissioner of the Department of Public Safety or the commissioner's
197 designee;
198 [(f)] (e) the attorney general or an attorney designated by the attorney general;
199 [(g)] (f) the president of the chiefs of police association or a chief of police designated
200 by the association's president;
201 [(h)] (g) the president of the sheriffs' association or a sheriff designated by the
202 association's president;
203 [(i)] (h) the chair of the Board of Pardons and Parole or a member of the Board of
204 Pardons and Parole designated by the chair;
205 [(j)] (i) the chair of the Utah Sentencing Commission or a member of the Utah
206 Sentencing Commission designated by the chair;
207 [(k) the chair of the Utah Substance Use and Mental Health Advisory Council or a
208 member of the Utah Substance Use and Mental Health Advisory Council designated by the
209 chair;]
210 [(l) the chair of the Utah Board of Juvenile Justice or a member of the Utah Board of
211 Juvenile Justice designated by the chair;]
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212 (j) the chair of the Juvenile Justice Oversight Committee or a member of the Juvenile
213 Justice Oversight Committee designated by the chair;
214 [(m)] (k) the chair of the Utah Victim Services Commission or a member of the Utah
215 Victim Services Commission designated by the chair;
216 [(n) the chair of the Utah Council on Victims of Crime or a member of the Utah
217 Council on Victims of Crime designated by the chair;]
218 [(o) the executive director of the Salt Lake Legal Defender Association or an attorney
219 designated by the executive director;]
220 [(p)] (l) [the chair of the] an indigent defense attorney, appointed by the Utah Indigent
221 Defense Commission [or a member of the Indigent Defense Commission designated by the
222 chair];
223 [(q) the Salt Lake County District Attorney or an attorney designated by the district
224 attorney; and]
225 [(r) the following members designated to serve four-year terms:]
226 [(i) a juvenile court judge, appointed by the chief justice, as presiding officer of the
227 Judicial Council;]
228 [(ii) a representative of the statewide association of public attorneys designated by the
229 association's officers;]
230 [(iii) one member of the House of Representatives who is appointed by the speaker of
231 the House of Representatives; and]
232 [(iv) one member of the Senate who is appointed by the president of the Senate.]
233 (m) a criminal prosecutor, appointed by the Statewide Association of Public Attorneys
234 and Prosecutors;
235 (n) a criminal defense attorney, appointed by the Utah Association of Criminal Defense
236 Lawyers;
237 (o) the executive director of the commission;
238 (p) an education professional, appointed by the State Board of Education; and
239 (q) the director of the Division of Juvenile Justice and Youth Services or the director's
240 designee.
241 [(2) The governor shall appoint the remaining five members to four-year staggered
242 terms as follows:]
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243 [(a) one criminal defense attorney appointed from a list of three nominees submitted by
244 the Utah State Bar Association;]
245 [(b) one attorney who primarily represents juveniles in delinquency matters appointed
246 from a list of three nominees submitted by the Utah Bar Association;]
247 [(c) one representative of public education;]
248 [(d) one citizen representative; and]
249 [(e) a representative from a local faith who has experience with the criminal justice
250 system.]
251 [(3) In addition to the members desig