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Law Enforcement and Criminal Justice Interim Committee

MINUTES OF THE

LAW ENFORCEMENT AND CRIMINAL JUSTICE INTERIM COMMITTEE

October 22, 1997 - 2:00 p.m. - Room 416 State Capitol

        

Members Present:
    
Sen. Michael G. Waddoups, Chair            Rep. Gary F. Cox
    Rep. Robert H. M. Killpack, Chair            Rep. Neal B. Hendrickson
    Sen. LeRay McAllister    Rep. David L. Hogue
    Sen. Pete Suazo         Rep. Susan J. Koehn
    Rep. Perry L. Buckner     Rep. Carl R. Saunders
    Rep. Blake D. Chard         Rep. John E. Swallow

Member Absent:
    Rep. David L. Gladwell

Staff Present:
    Ms. Chyleen A. Arbon, Research Analyst
    Ms. Susan Creager Allred, Associate General Counsel
    Ms. Nedra B. Duzett, Secretary

Note: A list of others present and copies of materials distributed in the meeting are on file in the Office of Legislative Research and General Counsel.

1.    Committee Business - Rep. Killpack called the meeting to order at 2:30 p.m.

MOTION: Rep. Hendrickson moved to approve the minutes of the August 20, 1997 meeting. The motion passed unanimously.

2.    Department of Corrections' New Five-Year Plan - H. L. "Pete" Haun, Executive Director of the Department of Corrections, distributed copies of the department's new strategic plan. Mr. Haun presented highlights of the plan and how it differs from the five-year plan of his predecessor. He said the proposed plan contains a number of innovations which will provide significant benefits. The new plan shifts the emphasis from prison construction to effective and lower cost alternatives. Cost of the new plan will be $140 million less than the previous plan and will eliminate the need for over 540 new secure beds. The plan will: 1) cancel the proposed women's facility; 2) convert the Timpanogos facility for female housing; 3) convert Olympus to a forensic facility; 4) convert Promontory to a Halfway Back facility; 5) contract with a private prison provider; and 6) expand county jail contracting. Mr. Haun said expansion of the Draper facility will be curtailed to respond to commercial/residential growth in Draper/Bluffdale and the subsequent increase in property values.

3.    Sentencing Commission: Intermediate Sanction Recommendations -
Edward McConkie, Director of the Sentencing Commission, distributed a document Intermediate Sanctions Recommendations of the Utah Sentencing Commission. He said the commission

worked with the Department of Corrections in formulating the sanctions and felt that the recommendations complimented the Department of Corrections' plan. He emphasized that the goals of the Sentencing Commission are public protection and providing judges with more sentencing alternatives. He noted that although the Sentencing Commission identified several needs in the area of intermediate sanctions, it recognized budget realities and prioritized only the most urgent needs.

    Mr. McConkie gave a brief review of the following specific recommendations: 1) more day reporting centers; 2) half-way house for probationers; 3) privatizing presentencing investigations; and 4) more drug courts. He noted that not all the recommendations would necessarily require additional funding, but that goals could be met through prioritization and reallocation of funds. He suggested that while the state continues to build needed additional prison space, it should also increase intermediate sanctions.

4.    Reducing Crime and Recidivism: Recommendations from Members of the Utah Judiciary - Judge Michael L. Hutchings, Third District Court, presented his ideas on reducing recidivism and crime in Utah. He distributed copies of two articles he had published in the Utah Bar Journal during the past year: The Good, the Bad, and the Ugly: Crime and Punishment in Utah and Another Vietnam: Salt Lake's War On Crime. He said currently Utah has the eleventh highest non-violent crime rate in the United States. Utah ranks seventh in property crime and second in larceny and theft. He felt that a lot of the crime was attributable to gangs. He noted that Utah has the lowest rate of incarceration and percent of state budget, 2.5 percent, utilized on corrections of any of the western states.

    Judge Hutchings said the Legislature needs to define policy and set goals and should exercise leadership and accountability. He distributed a list of recommendations for legislative action in the January 1998 General Session. He suggested appointing a crime czar to coordinate efforts of all agencies fighting crime. An independent group of analysts with no vested interest in the outcome of the analysis could be established under the direction of the crime czar. This "think tank," funded by state dollars and private contributions, would generate reports and analyses of current programs, finding better ways to fight crime.

    Other recommendations made by Judge Hutchings included: 1) increasing prison capacity; 2) adding more treatment, learning, and work programs; 3) expanding misdemeanor probation; 4) equalizing salaries of correctional officers; 5) removing predatory juveniles from the state; 6) expanding drug and alcohol treatment programs; 7) increasing the number of judges, court staff, and probation officers; 8) creating a state-funded gang task force; and 9) hiring additional law enforcement officers.

    Ms. Michelle Arciaga, Salt Lake Area Gang Project, represented Judge Andrew Valdez. She indicated there is a small percentage of repeat offenders that circulates continually through

the juvenile system, taking a lot of time and energy of law enforcement and social service entities. She reported that Judge Valdez would like jurisdiction over parents of these delinquents so that he has authority to order parents to do certain types of activities that will contribute to reducing the child's delinquency. Many times parents feel inadequate to deal with the child's delinquency, and they can receive the help they need through mental health counseling, family skills management classes, and substance abuse treatment programs. She said intervention must begin at an early age so the delinquent behavior may be stopped before the child becomes an adult.

5.    Utah Correctional Industries - Richard A. Clasby, Director of Utah Correctional Industries, distributed copies of the Utah Correctional Industries report and financial statements for the fiscal year ending June 30, 1997. Mr. Clasby said the mission of Utah Correctional Industries is to provide work and training for offenders, in order to increase employment opportunities upon release from prison. Revenues generated to further the mission come from the sale of products and services it provides. He pointed out that the budget is a projection of what the sales will be; Correctional Industries does not ask for an appropriation from the Legislature, but is receptive to legislative intent language.

    Mr. Clasby noted that in 1985 there were 221 inmates participating in the program or approximately six percent of the inmate population. Today there are 856 inmates, or nearly 18 percent, participating in the program. Utah ranks second among the states in percentage of inmates employed. He said significant effort has gone into expanding and developing Correctional Industries programs. All the expansion and development has been through resources generated by the 27 separate businesses operated in the program. The staff to inmate ratio in the program is one to ten.

    He noted that a major indicator of whether inmates will fail is the quality of job they secure upon release. No matter what other problem inmates have, if they cannot support themselves they will quickly fail. The highest recidivism rate occurs during the first few weeks, drops fairly rapidly, and flattens out at about three years. A big contributor to reducing recidivism is the educational level and job skills the inmate develops.

    The yearly financial statement indicated that last year's sales were $10.7 million with approximately $4.5 million for materials. Utah Correctional Industries have shown a small profit which goes to developing new programs.

6.    Other Items/Adjourn - Rep. Killpack noted that the committee had received valuable information in the meeting and expressed the committee's appreciation to the participants.

MOTION: Rep. Hogue moved to adjourn the meeting at 4:32 p.m. The motion passed unanimously.            












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