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[Utah Code Table of Contents]
[TITLE 63. Table of Contents]
63-92-1 Title.
This chapter is known as the "Serious Habitual Offender
Comprehensive Action Program (SHOCAP) Act."
1996
63-92-2 Creation - Purpose - Administration - Access.
(1) There is created the Serious Habitual Offender Comprehensive Action Program (SHOCAP) to establish a SHOCAP Database to identify and track youthful offenders in order to assist agencies in providing collaborative and comprehensive services to them.
(2) The database shall be administered by the Administrative Office of the Courts with information contributed by the following agencies:
(a) the State Office of Education, including all school districts;
(b) the Department of Health;
(c) the Department of Human Services, including all county mental health agencies;
(d) the Department of Public Safety;
(e) all county and municipal law enforcement agencies; and
(f) all county and district attorney offices.
(3) The database shall be maintained in accordance with guidelines established by the Administrative Office of the Courts so that the agencies listed in Subsection (2) can efficiently access the database.
(4) Information provided by schools in compliance with the provisions of this chapter is authorized under the Family Educational Rights and Privacy Act Regulations, 34 CFR Part 99.
(5) Information in the database provided by an agency to the database is considered to be the property of the agency providing the information and retains any classification given it under Title 63, Chapter 2, Government Records Access and Management Act.
(6) Any person who knowingly releases or discloses information from the database for a purpose other than authorized by this chapter or to a person who is not entitled to it is guilty of a class B misdemeanor.
(7) Neither the state nor the courts are liable to any
person for gathering, managing, or using the information
in the database as provided in this chapter.
1999
63-92-3 Establishment of local oversight committees - Interagency information sharing.
(1) The Commission on Criminal and Juvenile Justice shall administer the statewide SHOCAP oversight committee and provide periodic review of the programs.
(2) Counties or municipalities implementing SHOCAP shall form a local oversight committee composed of the following persons, or their designees:
(a) the district juvenile court administrator;
(b) the superintendent of the local school district;
(c) the local county attorney;
(d) a member of the local county or municipal legislative body;
(e) the local county sheriff;
(f) a local chief of police;
(g) the local chief of probation for the Juvenile Court;
(h) the regional director of the Division of Juvenile Justice Services;
(i) the regional director of the Division of Child and Family Services;
(j) a representative of a local public mental health provider; and
(k) any additional members considered appropriate by the local oversight committee.
(3) The local oversight committee shall develop, implement, and periodically review the following:
(a) standardized criteria as developed by the statewide SHOCAP oversight committee for determining who is a serious habitual offender (SHO);
(b) what information is needed on each offender for inclusion in the program;
(c) who will have access to the database;
(d) who will maintain the database and manage the information in the program;
(e) what the information in the database is to be used for; and
(f) penalties for improper use of the information in the database.
(4) The local oversight committee shall develop a written interagency information sharing agreement to be signed by the chief executive officer of each of the agencies represented on the oversight committee. The sharing agreement shall include the provisions requiring that:
(a) all records pertaining to a SHO be kept confidential;
(b) when a SHO is included in the SHOCAP program for the purposes of tracking and providing coordinated services, the local law enforcement agency or an agency designated by the interagency agreement shall as soon as reasonably possible notify the SHO and the parent or guardian of the SHO;
(c) the disclosure of information to other staff members of signatory agencies be made only to those staff members who provide direct services or supervision to the SHO; and
(d) all staff members of signatory agencies receiving confidential information concerning a SHO be subject to the confidentiality requirements of this chapter.
(5) Notwithstanding any other statutory provision, staff members of signatory agencies who provide direct services or supervision to SHOCAP youth may distribute photographs of SHOCAP youth to other staff members of signatory agencies who provide direct services or supervision to SHOCAP youth.
(6) The local oversight committee shall develop a program
capable of maintaining the information determined to be necessary
under Subsection (3).
2003
