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S.B. 225
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COMMITTEE ON CRIMINAL JUSTICE FOR
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YOUTH AND ADULTS WITH MENTAL
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RETARDATION
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2000 GENERAL SESSION
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STATE OF UTAH
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Sponsor: Lyle W. Hillyard
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AN ACT RELATING TO STATE AFFAIRS IN GENERAL; CREATING THE COMMITTEE
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ON CRIMINAL JUSTICE FOR YOUTH AND ADULTS WITH MENTAL RETARDATION
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WITHIN THE COMMISSION ON CRIMINAL AND JUVENILE JUSTICE; DEFINING
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MEMBERSHIP; DESIGNATING TERMS; PROVIDING FOR STAFFING; REQUIRING AN
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ANNUAL REPORT; AND PROVIDING AN EFFECTIVE DATE.
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This act affects sections of Utah Code Annotated 1953 as follows:
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ENACTS:
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63-25a-601, Utah Code Annotated 1953
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63-25a-602, Utah Code Annotated 1953
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63-25a-603, Utah Code Annotated 1953
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63-25a-604, Utah Code Annotated 1953
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63-25a-605, Utah Code Annotated 1953
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Be it enacted by the Legislature of the state of Utah:
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Section 1.
Section
63-25a-601
is enacted to read:
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Part 6. Committee on Criminal Justice for Youth and
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Adults with Mental Retardation
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63-25a-601. Committee on Criminal Justice for Youth and Adults with Mental
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Retardation -- Creation -- Purpose.
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(1) There is created within the governor's office the Committee on Criminal Justice for
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Youth and Adults with Mental Retardation.
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(2) The purpose of the committee is to:
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(a) provide a mechanism to coordinate the functions of law enforcement, courts, and
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human services at various levels of government concerned with criminal and juvenile justice
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related to youth and adults with mental retardation or related disabilities; and
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(b) coordinate statewide efforts to reduce crime and victimization of people with mental
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retardation or related disabilities.
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Section 2.
Section
63-25a-602
is enacted to read:
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63-25a-602. Membership -- Terms -- Vacancies -- Reappointment.
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(1) The Committee on Criminal Justice for Youth and Adults with Mental Retardation
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shall be composed of 17 voting members as follows:
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(a) one member of the Senate, appointed by the president of the Senate;
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(b) one member of the House of Representatives, appointed by the speaker of the House;
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(c) a prosecutor, appointed by the Commission on Criminal and Juvenile Justice;
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(d) the Director of the Division of Youth Corrections or his designee;
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(e) the Director of the Department of Corrections or his designee;
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(f) a District Court or Appellate Court Judge, appointed by the Judicial Council;
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(g) a juvenile court judge, appointed by the Judicial Council;
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(h) the director of the Department of Public Safety or his designee;
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(i) the director of the Division of Services for People with Disabilities or his designee;
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(j) a member of a civil rights organization, appointed by the governor;
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(k) a member of an advocacy organization for people with mental retardation, appointed
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by the governor;
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(l) a residential provider for individuals with mental retardation, appointed by the
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governor;
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(m) two parents of a youth or adult with mental retardation, appointed by the governor;
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and
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(n) three citizens at large appointed by the governor.
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(2) In appointing the members under Subsections (1)(j) through (n), the governor shall
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consider recommendations from the Governor's Council for People with Disabilities and take into
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account the geographic makeup of the commission and the representation from local criminal
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justice advisory groups.
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(3) Members appointed by the governor shall be appointed to serve four-year terms.
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(4) The governor shall, at the time of appointment, adjust the length of terms to ensure that
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the terms of committee members are staggered so that approximately half of the governor's
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appointees to the committee are appointed every two years.
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(5) When a vacancy occurs in the membership for any reason, the replacement shall be
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appointed for the unexpired term.
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(6) Members appointed by the governor may not serve for more than two consecutive
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terms.
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(7) Legislative and judicial members shall be appointed for two-year terms and may not
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serve more than four consecutive terms.
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Section 3.
Section
63-25a-603
is enacted to read:
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63-25a-603. Chair -- Vacancies -- Quorum -- Expenses.
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(1) The Committee on Criminal Justice for Youth and Adults with Mental Retardation
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shall annually select one of its members to serve as chair.
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(2) When a vacancy occurs in the membership for any reason, the replacement shall be
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appointed for the unexpired term in the same manner as the position was originally filled.
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(3) A majority of the members of the council constitutes a quorum.
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(4) (a) (i) Members who are not government employees shall receive no compensation or
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benefits for their services, but may receive per diem and expenses incurred in the performance of
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the member's official duties at the rates established by the Division of Finance under Sections
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63A-3-106
and
63A-3-107
.
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(ii) Members may decline to receive per diem and expenses for their service.
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(b) (i) State government officer and employee members who do not receive salary, per
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diem, or expenses from their agency for their service may receive per diem and expenses incurred
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in the performance of their official duties from the council at the rates established by the Division
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of Finance under Sections
63A-3-106
and
63A-3-107
.
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(ii) State government officer and employee members may decline to receive per diem and
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expenses for their service.
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(c) Legislators on the committee shall receive compensation and expenses as provided by
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law and legislative rule.
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(d) (i) Local government members who do not receive salary, per diem, or expenses from
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the entity that they represent for their service may receive per diem and expenses incurred in the
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performance of their official duties at the rates established by the Division of Finance under
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Sections
63A-3-106
and
63A-3-107
.
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(ii) Local government members may decline to receive per diem and expenses for their
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service.
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Section 4.
Section
63-25a-604
is enacted to read:
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63-25a-604. Committee duties -- Staffing.
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(1) The committee shall:
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(a) promote the communication and coordination of criminal, juvenile justice, and human
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service agencies at all levels and jurisdictions;
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(b) study, evaluate, and report on:
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(i) the status of youth and adults with mental retardation or other related disabilities who
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are accused or convicted of crimes in the state; and
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(ii) the effectiveness of criminal justice policies, procedures, and programs that are
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directed toward the reduction of crime by youth and adults with mental retardation or related
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disabilities;
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(c) identify and promote the implementation of specific policies and programs the
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committee determines will significantly reduce crime by youth and adults with mental retardation
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or related disabilities; and
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(d) provide technical assistance to agencies or local units of government on methods to
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reduce crime and recidivism by people with mental retardation or related disabilities, and promote
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the safety of people with mental retardation in correctional facilities and programs.
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(2) The committee shall meet at least quarterly.
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(3) The Commission on Criminal and Juvenile Justice shall provide staff to the committee.
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Section 5.
Section
63-25a-605
is enacted to read:
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63-25a-605. Reporting requirements.
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(1) The committee:
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(a) shall annually prepare and publish a report detailing its activities for the preceding year;
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and
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(b) may make recommendations to the commission concerning youth and adults with
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mental retardation within the criminal justice system.
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(2) The committee's report shall be distributed to the governor, Legislature, Commission
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on Criminal and Juvenile Justice, the Governor's Council for People with Disabilities, and the
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Judicial Council.
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Section 6. Effective date.
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This act takes effect on July 1, 2000.
Legislative Review Note
as of 2-7-00 2:23 PM
A limited legal review of this legislation raises no obvious constitutional or statutory concerns.