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(Utah Code, 2003 Edition - as of 1st Spec. Ses.)

[Utah Code Table of Contents]
[TITLE 63. Table of Contents]
[CHAPTER 25a. Table of Contents]

(Title 63. State Affairs in General )
(Chapter 25a. Criminal Justice and Substance Abuse )

Part 1. Commission on Criminal and Juvenile Justice

63-25a-101 Creation - Purpose.
63-25a-102 (Superseded 07/01/04). Composition - Ex officio members - Appointees of governor - Terms - U.S. Attorney as nonvoting member.
63-25a-102 (Effective 07/01/04). Composition - Ex officio members - Appointees of governor - Terms - U.S. Attorney as nonvoting member.
63-25a-103 Executive director - Qualifications - Compensation - Appointment - Functions.
63-25a-104 Duties of commission.
63-25a-104.5 Annual report by the commission.
63-25a-105 Election of chair - Meetings.
63-25a-106 Members serve without pay - Reimbursement for expenses.

63-25a-101 Creation - Purpose.

(1) The State Commission on Criminal and Juvenile Justice is created within the governor's office.

(2) The commission's purpose is to:

(a) promote broad philosophical agreement concerning the objectives of the criminal and juvenile justice system in Utah;

(b) provide a mechanism for coordinating the functions of the various branches and levels of government concerned with criminal and juvenile justice to achieve those objectives;

(c) coordinate statewide efforts to reduce crime and victimization in Utah; and

(d) accomplish the duties enumerated in Section 63-25a-104 .
    1999

63-25a-102 (Superseded 07/01/04). Composition - Ex officio members - Appointees of governor - Terms - U.S. Attorney as nonvoting member.

(1) The commission on criminal and juvenile justice shall be composed of 20 voting members as follows:

(a) the chief justice of the supreme court, as the presiding officer of the judicial council, or a judge designated by the chief justice;

(b) the state court administrator;

(c) the executive director of the Department of Corrections;

(d) the director of the Division of Youth Corrections;

(e) the commissioner of the Department of Public Safety;

(f) the attorney general;

(g) the president of the chiefs of police association or a chief of police designated by the association's president;

(h) the president of the sheriffs' association or a sheriff designated by the association's president;

(i) the chair of the Board of Pardons and Parole or a member designated by the chair;

(j) the chair of the Utah Sentencing Commission;

(k) the chair of the Utah Substance Abuse and Anti-Violence Coordinating Council;

(l) the chair of the Utah Board of Juvenile Justice;

(m) the chair of the Utah Council on Victims of Crime or the chair's designee; and

(n) the following members designated to serve four-year terms:

(i) a juvenile court judge, appointed by the chief justice, as presiding officer of the Judicial Council; and

(ii) a representative of the statewide association of public attorneys designated by the association's officers.

(2) The governor shall appoint the remaining five members to four-year staggered terms as follows:

(a) one criminal defense attorney appointed from a list of three nominees submitted by the Utah State Bar Association;

(b) one state senator;

(c) one state representative;

(d) one representative of public education; and

(e) one citizen representative.

(3) In addition to the members designated under Subsections (1) and (2), the United States Attorney for the district of Utah may serve as a nonvoting member.

(4) In appointing the members under Subsection (2), the governor shall take into account the geographical makeup of the commission.
    2001

63-25a-102 (Effective 07/01/04). Composition - Ex officio members - Appointees of governor - Terms - U.S. Attorney as nonvoting member.

(1) The commission on criminal and juvenile justice shall be composed of 20 voting members as follows:

(a) the chief justice of the supreme court, as the presiding officer of the judicial council, or a judge designated by the chief justice;

(b) the state court administrator;

(c) the executive director of the Department of Corrections;

(d) the director of the Division of Juvenile Justice Services;

(e) the commissioner of the Department of Public Safety;

(f) the attorney general;

(g) the president of the chiefs of police association or a chief of police designated by the association's president;

(h) the president of the sheriffs' association or a sheriff designated by the association's president;

(i) the chair of the Board of Pardons and Parole or a member designated by the chair;

(j) the chair of the Utah Sentencing Commission;

(k) the chair of the Utah Substance Abuse and Anti-Violence Coordinating Council;

(l) the chair of the Utah Board of Juvenile Justice;

(m) the chair of the Utah Council on Victims of Crime or the chair's designee; and

(n) the following members designated to serve four-year terms:

(i) a juvenile court judge, appointed by the chief justice, as presiding officer of the Judicial Council; and

(ii) a representative of the statewide association of public attorneys designated by the association's officers.

(2) The governor shall appoint the remaining five members to four-year staggered terms as follows:

(a) one criminal defense attorney appointed from a list of three nominees submitted by the Utah State Bar Association;

(b) one state senator;

(c) one state representative;

(d) one representative of public education; and

(e) one citizen representative.

(3) In addition to the members designated under Subsections (1) and (2), the United States Attorney for the district of Utah may serve as a nonvoting member.

(4) In appointing the members under Subsection (2), the governor shall take into account the geographical makeup of the commission.
    2003

63-25a-103 Executive director - Qualifications - Compensation - Appointment - Functions.

(1) The governor, with the consent of the Senate, shall appoint a person experienced in the field of criminal justice and in administration as the executive director of the Commission on Criminal and Juvenile Justice. The governor shall establish the executive director's salary within the salary range fixed by the Legislature in Title 67, Chapter 22, State Officer Compensation.

(2) (a) The executive director, under the direction of the commission, shall administer the duties of the commission and act as the governor's advisor on national, state, regional, metropolitan, and local government planning as it relates to criminal justice.

(b) This chapter does not derogate the planning authority conferred on state, regional, metropolitan, and local governments by existing law.
    2002

63-25a-104 Duties of commission.

The state commission on criminal and juvenile justice administration shall:

(1) promote the commission's purposes as enumerated in Section 63-25a-101 ;

(2) promote the communication and coordination of all criminal and juvenile justice agencies;

(3) study, evaluate, and report on the status of crime in the state and on the effectiveness of criminal justice policies, procedures, and programs that are directed toward the reduction of crime in the state;

(4) study, evaluate, and report on policies, procedures, and programs of other jurisdictions which have effectively reduced crime;

(5) identify and promote the implementation of specific policies and programs the commission determines will significantly reduce crime in Utah;

(6) provide analysis and recommendations on all criminal and juvenile justice legislation, state budget, and facility requests, including program and fiscal impact on all components of the criminal and juvenile justice system;

(7) provide analysis, accountability, recommendations, and supervision for state and federal criminal justice grant monies;

(8) provide public information on the criminal and juvenile justice system and give technical assistance to agencies or local units of government on methods to promote public awareness;

(9) promote research and program evaluation as an integral part of the criminal and juvenile justice system;

(10) provide a comprehensive criminal justice plan annually;

(11) review agency forecasts regarding future demands on the criminal and juvenile justice systems, including specific projections for secure bed space; and

(12) promote the development of criminal and juvenile justice information systems that are consistent with common standards for data storage and are capable of appropriately sharing information with other criminal justice information systems by:

(a) developing and maintaining common data standards for use by all state criminal justice agencies;

(b) annually performing audits of criminal history record information maintained by state criminal justice agencies to assess their accuracy, completeness, and adherence to standards;

(c) defining and developing state and local programs and projects associated with the improvement of information management for law enforcement and the administration of justice; and

(d) establishing general policies concerning criminal and juvenile justice information systems and making rules as necessary to carry out the duties under this Subsection (12) and Subsection (10).
    2001

63-25a-104.5 Annual report by the commission.

(1) The commission shall annually prepare and publish a report directed to the governor, the Legislature, and the Judicial Council.

(2) The report shall describe how the commission fulfilled its statutory purposes and duties during the year.
    1999

63-25a-105 Election of chair - Meetings.

The membership of the Commission on Criminal and Juvenile Justice by simple majority vote of those in attendance shall annually elect one of their number to serve as chair. The chair is responsible for the call and conduct of meetings. Meetings shall be called and held at least bimonthly. One of the bimonthly meetings shall be held while the Legislature is convened in its annual session. Additional meetings may be called upon request by a majority of the commission's members.
    1996

63-25a-106 Members serve without pay - Reimbursement for expenses.

(1) (a) (i) Members who are not government employees shall receive no compensation or benefits for their services, but may receive per diem and expenses incurred in the performance of the member's official duties at the rates established by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .

(ii) Members may decline to receive per diem and expenses for their service.

(b) (i) State government officer and employee members who do not receive salary, per diem, or expenses from their agency for their service may receive per diem and expenses incurred in the performance of their official duties from the commission at the rates established by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .

(ii) State government officer and employee members may decline to receive per diem and expenses for their service.

(2) Legislators on the committee shall receive compensation and expenses as provided by law and legislative rule.
    1996

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