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[Utah Code Table of Contents]
[TITLE 63. Table of Contents]
[CHAPTER 25a. Table of Contents]
63-25a-301 (Superseded 07/01/04). Creation - Members - Appointment - Qualifications.
(1) There is created a state commission to be known as the Sentencing Commission composed of 27 members. The commission shall develop by-laws and rules in compliance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, and elect its officers.
(2) The commission's members shall be:
(a) two members of the House of Representatives, appointed by the speaker of the House and not of the same political party;
(b) two members of the Senate, appointed by the president of the Senate and not of the same political party;
(c) the executive director of the Department of Corrections or a designee appointed by the executive director;
(d) the director of the Division of Youth Corrections or a designee appointed by the director;
(e) the executive director of the Commission on Criminal and Juvenile Justice or a designee appointed by the executive director;
(f) the chair of the Board of Pardons and Parole or a designee appointed by the chair;
(g) the chair of the Youth Parole Authority or a designee appointed by the chair;
(h) two trial judges and an appellate judge appointed by the chair of the Judicial Council;
(i) two juvenile court judges designated by the chair of the Judicial Council;
(j) an attorney in private practice who is a member of the Utah State Bar, experienced in criminal defense, and appointed by the Utah Bar Commission;
(k) an attorney who is a member of the Utah State Bar, experienced in the defense of minors in juvenile court, and appointed by the Utah Bar Commission;
(l) the director of Salt Lake Legal Defenders or a designee appointed by the director;
(m) the attorney general or a designee appointed by the attorney general;
(n) a criminal prosecutor appointed by the Statewide Association of Public Attorneys;
(o) a juvenile court prosecutor appointed by the Statewide Association of Public Attorneys;
(p) a representative of the Utah Sheriff's Association appointed by the governor;
(q) a chief of police appointed by the governor;
(r) a licensed professional appointed by the governor who assists in the rehabilitation of adult offenders;
(s) a licensed professional appointed by the governor who assists in the rehabilitation of juvenile offenders;
(t) two members from the public appointed by the governor who exhibit sensitivity to the concerns of victims of crime and the ethnic composition of the population; and
(u) one member from the public at large appointed by the
governor.
1996
63-25a-301 (Effective 07/01/04). Creation - Members - Appointment - Qualifications.
(1) There is created a state commission to be known as the Sentencing Commission composed of 27 members. The commission shall develop by-laws and rules in compliance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, and elect its officers.
(2) The commission's members shall be:
(a) two members of the House of Representatives, appointed by the speaker of the House and not of the same political party;
(b) two members of the Senate, appointed by the president of the Senate and not of the same political party;
(c) the executive director of the Department of Corrections or a designee appointed by the executive director;
(d) the director of the Division of Juvenile Justice Services or a designee appointed by the director;
(e) the executive director of the Commission on Criminal and Juvenile Justice or a designee appointed by the executive director;
(f) the chair of the Board of Pardons and Parole or a designee appointed by the chair;
(g) the chair of the Youth Parole Authority or a designee appointed by the chair;
(h) two trial judges and an appellate judge appointed by the chair of the Judicial Council;
(i) two juvenile court judges designated by the chair of the Judicial Council;
(j) an attorney in private practice who is a member of the Utah State Bar, experienced in criminal defense, and appointed by the Utah Bar Commission;
(k) an attorney who is a member of the Utah State Bar, experienced in the defense of minors in juvenile court, and appointed by the Utah Bar Commission;
(l) the director of Salt Lake Legal Defenders or a designee appointed by the director;
(m) the attorney general or a designee appointed by the attorney general;
(n) a criminal prosecutor appointed by the Statewide Association of Public Attorneys;
(o) a juvenile court prosecutor appointed by the Statewide Association of Public Attorneys;
(p) a representative of the Utah Sheriff's Association appointed by the governor;
(q) a chief of police appointed by the governor;
(r) a licensed professional appointed by the governor who assists in the rehabilitation of adult offenders;
(s) a licensed professional appointed by the governor who assists in the rehabilitation of juvenile offenders;
(t) two members from the public appointed by the governor who exhibit sensitivity to the concerns of victims of crime and the ethnic composition of the population; and
(u) one member from the public at large appointed by the
governor.
2003
63-25a-302 Terms of members - Vacancies - Reappointment.
(1) (a) Except as required by Subsection (b), as terms of current commission members expire, the appointing authority shall appoint each new member or reappointed member to a four-year term.
(b) Notwithstanding the requirements of Subsection (a), the appointing authority shall, at the time of appointment or reappointment, adjust the length of terms to ensure that the terms of commission members are staggered so that approximately half of the commission is appointed every two years.
(2) When a vacancy occurs in the membership for any reason, the replacement shall be appointed for the unexpired term.
(3) All members of the commission, including those appointed
before July 1, 1995, shall be eligible for reappointment
one time.
1997
63-25a-303 Vacancies.
If a commission member no longer holds a qualifying position,
resigns, or is unable to serve, the vacancy shall be filled
by the appointing authority.
1996
63-25a-304 Purpose - Duties.
The purpose of the commission shall be to develop guidelines and propose recommendations to the Legislature, the governor, and the Judicial Council about the sentencing and release of juvenile and adult offenders in order to:
(1) respond to public comment;
(2) relate sentencing practices and correctional resources;
(3) increase equity in criminal sentencing;
(4) better define responsibility in criminal sentencing; and
(5) enhance the discretion of sentencing judges while
preserving the role of the Board of Pardons and Parole and
the Youth Parole Authority.
1997
63-25a-305 Compensation of members - Reports to the Legislature, the courts, and the governor.
(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) The commission shall submit to the Legislature, the courts, and to the governor at least 60 days prior to the annual general session of the Legislature its reports and recommendations for sentencing guidelines and amendments. It is intended that the commission utilize existing data and resources from state criminal justice agencies. The commission is authorized to employ professional assistance and other staff members as it considers necessary or desirable.
(3) The commission shall be responsive to all three branches
of government, but be part of the Commission on Criminal
and Juvenile Justice for coordination on criminal and juvenile
justice issues, budget, and administrative support.
1996
63-25a-306 Publication of reports.
The commission shall also be authorized to prepare, publish,
and distribute from time to time reports of its studies,
recommendations, and statements.
1996
