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Law Enforcement and Criminal Justice Interim Committee

MINUTES OF THE

LAW ENFORCEMENT AND CRIMINAL JUSTICE INTERIM COMMITTEE

April 22, 1998 - 9:00 a.m. - Room 416 State Capitol



Members Present:
    Sen. Michael G. Waddoups, Chair            Rep. David L. Gladwell
    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. Gary F. Cox                    Rep. John E. Swallow

Staff Present:
    Ms. Chyleen A. Arbon, Research Analyst
    Ms. Susan Creager Allred, Associate General Counsel
    Ms. Beverlee LeCheminant, Secretary

1.    Committee Business - Rep. Killpack called the meeting to order at 9:10 a.m.

    MOTION: Rep. Hogue moved to approve the minutes of the November 19, 1997 meeting. The motion passed unanimously, with Sen. Waddoups and Reps. Hendrickson, Koehn, and Swallow absent for the vote.
            
2.    Utah Department of Corrections - Mr. Pete Haun, Executive Director, Department of Corrections, distributed a revised five-year strategic plan for the Department of Corrections, which is a result of last year's legislative action to cut approximately $9,000,000 from the department's proposed 1998 budget. He said the intentions of the five-year plan are: 1) to reduce the growth in prison population by diverting eligible offenders through intermediate sanctions and other programs designed to emphasize accountability without compromising public safety; 2) to introduce less costly methods of construction; 3) to increase the involvement of the private sector; and 4) to expand county jail contracting.

    Mr. Haun indicated that along with other budget cuts, Field Operations has identified $484,605 in contract treatment programs that the department must cut unless it can make up the deficit in some other manner. The department is searching for ways to manage its resources and to implement cost-effective management principles to make up that deficit. Mr. Haun said the department has a great staff and he is optimistic of their abilities to continue to function in an efficient and effective manner.

3.    Commission on Criminal and Juvenile Justice - Ms. Camille Anthony, Executive Director, Commission on Criminal and Juvenile Justice (CCJJ), provided the committee the names and addresses of staff and members of CCJJ, the Utah Substance Abuse and Anti-Violence Coordinating Council (USACC), and the Utah Sentencing Commission. She also provided copies of CCJJ's and USACC's annual reports.
    Ms. Anthony discussed several ways CCJJ can be a resource to the Legislature. She indicated that the commission goes through a budget review process each year, prioritizing the criminal justice budget. The members rank how a particular budget increase benefits each department, as well as the whole criminal justice system. She reported that another way CCJJ can be a resource to the Legislature is to review potential legislation early enough so that it can advise the sponsor of its impact on the day-to-day practice of the criminal justice system.

    Ms. Anthony indicated that CCJJ has been involved in alcohol and drug policies, tobacco legislation, not-a-drop legislation regarding juveniles, DUI issues, and many other programs. CCJJ has also been involved in the effort of community crime prevention mobilization, working with many of the legislators in their districts. CCJJ has been working with the legislative Juvenile Justice Task Force for the past two years and will continue its efforts this year. She informed the committee that Utah is ahead of other states in the area of juvenile justice, with its juvenile crime rate continuing to decrease. She indicated that she feels the initiatives in this state and throughout the United States are working.

4.    Master Study Resolution - Rep. Killpack asked committee members to speak for or against potential study items in order to help prioritize the issues that will become the focus of the 1998 interim.

    Item #120, Board of Pardons and Corrections - Sen. Waddoups stated that this item is to study whether the Board of Pardons should be a separate entity, apart from Corrections.

    Item #121, Community Crime Prevention - Rep. Cox stated that this item was a funding issue during the last session and is something that needs to be resolved. The budget was cut 50% on Drug Awareness Resistance Education (DARE) training of police officers and community crime prevention.

    Item #122, Concealed Weapons - Rep. Gladewell suggested combining Items #122, Concealed Weapons, and #123, Concealed Weapons in Schools. Sen. Waddoups said this issue was studied in a task force three years ago and legislation was drafted on it. There has been legislation drafted every year since attempting to modify the original bill. An issue that is being added now is how to handle concealed weapons during the Olympics.

    Item #124, County Jail Purchases - Sen. Waddoups noted that this issue is about counties building jails while the Legislature funds them through contracting for jail space.

    Item #125, Crime Policy Coordinator - Rep. Swallow said it would be prudent for the committee to study whether the state should have a crime policy coordinator who would be responsible for reducing crime.
    
    Item #126, Driving Illegally - Rep. Swallow indicated that this item is to look at how the Legislature can make a difference in changing the driving habits of people.

    Item #129, Handicap Parking - Rep. Buckner said it is his understanding that there is state law regarding accessible parking places for handicapped persons and that the law lacks any definition of what the accessible parking place is supposed to look like, how it is supposed to be marked, and whether or not it is to include an accessible aisle for people in wheelchairs.

    Item #130, Jail Contracting - Sen. Waddoups stated that this item needs to be discussed because there have been so many questions and issues regarding jail contracting and jail reimbursement.

    Item #131, National Guard Transfer - Sen. Waddoups stated that Management has sent a letter to the governor's office requesting them to look at the internal audit of the Comprehensive Emergency Management (CEM) and whether it should be expanded, modified, or remain the same. The governor's office will respond to the letter; therefore, Management recommends that the committee not study this issue at this time.

    Item #132, Olympics and Public Safety - Rep. Kohen said she feels it is important for the committee to evaluate what the needs for law enforcement and local government are going to be during the 2002 Olympics to be held in Utah.

    Item #133, POST Consolidation - Sen. Waddoups said the committee needs more information about this issue.

    Item #134, Prison Camps - Rep. Killpack indicated that a few states were using tents to house prisoners and that our state should explore the possibility.

    Item #135, Prison Privatization - Sen. Waddoups indicated that there are several questions that need to be considered regarding this item.

    Item #136, Service of Process - Rep. Kohen said she filed H.B. 305 which allowed a different kind of process to be served by someone other than a constable or a sheriff. As she became involved with the issue and realized how large it was, she pulled the bill before it went to committee. She indicated that this issue needs to be studied further.

    Item #137, SWAT Team Effectiveness - Sen. Waddoups said there are some issues about whether SWAT teams are needed and how effective they are. There have been some good reports about their performance, but there has also been some indication that they have not been used effectively and that the teams' job description should be broadened.

    Item #138, Youth Corrections "School" - Rep. Suazo said that the Division of Youth Corrections needs to be provided a weighted pupil unit (WPU) to support youth while they are in custody. Rep. Kohen agreed that this is an item that needs to be studied, but recommended that it be studied by the Education Interim Committee.

    Rep. Hogue added Corrections Compensation as an additional study item. He indicated the committee needs to study the disparity in wages between the Department of Corrections, Utah city and county governments, and other western states.

    Rep. Saunders added Auto Theft Prevention as an additional study item.

5.    Other Items/Adjourn - Rep. Killpack told the committee that the Peace Officer Standards and Training Council and Corrections are required to report to this committee by October of 1998 on their plans to address the training needs in both agencies and their progress in coordinating the transition. The committee will also hear a report on the "Sunset Act Repealer Review of Title 64, Chapter 13, Department of Corrections," which consists of the department's duties regarding sex offender treatment, ongoing assessment, and objective diagnostic testing. This act will be repealed on July 1, 1999, unless the Legislature takes action.

     MOTION: Rep. Hendrickson moved to adjourn at 11:40 a.m. The motion passed unanimously, with Sen. McAllister and Rep. Kohen absent for the vote.

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