Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 62 (2016GS)

Sponsor

Rep. Ipson, D.

Final action

Governor Signed 3/23/2016

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• eliminates the following annual agency reporting requirements:
• Commission on Criminal and Juvenile Justice report on the grants allocated from the Law Enforcement Operations Account;
• Commission on Criminal and Juvenile Justice report on the funds allocated from the Law Enforcement Services Account;
• Utah Substance Abuse Advisory Council written report on the implementation, impact, and results of the Drug Offender Reform Act;
• Utah Department of Corrections written report regarding the housing of state inmates in county jails; and
• Commission on Criminal and Juvenile Justice written report on the number of state parole and probationary inmates who are housed in county jails.

Every vote on this bill

Bill text

LAW ENFORCEMENT AND CRIMINAL JUSTICE -
STATUTORY REPORTS REPEAL
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Don L. Ipson
Senate Sponsor: 
Todd Weiler
LONG TITLE
General Description:
This bill modifies provisions of the Utah Code regarding annual reporting requirements
for agencies.
Highlighted Provisions:
This bill:
▸ eliminates the following annual agency reporting requirements:
• Commission on Criminal and Juvenile Justice report on the grants allocated
from the Law Enforcement Operations Account;
• Commission on Criminal and Juvenile Justice report on the funds allocated
from the Law Enforcement Services Account;
• Utah Substance Abuse Advisory Council written report on the implementation,
impact, and results of the Drug Offender Reform Act;
• Utah Department of Corrections written report regarding the housing of state
inmates in county jails; and
• Commission on Criminal and Juvenile Justice written report on the number of
state parole and probationary inmates who are housed in county jails.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
51-9-411
, as last amended by Laws of Utah 2011, Chapter 342
51-9-412
, as last amended by Laws of Utah 2014, Chapter 280
63M-7-305
, as last amended by Laws of Utah 2011, Chapter 51
REPEALS:
64-13e-106
, as last amended by Laws of Utah 2015, Chapter 48
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
51-9-411
 is amended to read:
51-9-411.
Law Enforcement Operations Account -- Share of surcharge -- Uses.
(1) As used in this section:
(a) "Account" means the Law Enforcement Operations Account.
(b) "Commission" means the Commission on Criminal and Juvenile Justice created in
Section 
63M-7-201
.
(c) "Law enforcement agency" means a state or local law enforcement agency.
(d) "Other appropriate agency" means a state or local government agency, or a nonprofit
organization, that works to prevent illegal drug activity and enforce laws regarding illegal drug
activity and related criminal activity by:
(i) programs, including education, prevention, treatment, and research programs; and
(ii) enforcement of laws regarding illegal drugs.
(2) There is created a restricted account within the General Fund known as the Law
Enforcement Operations Account.
(3) (a) The Division of Finance shall allocate the balance of the collected surcharge
under Section 
51-9-401
 that is not allocated under Title 51, Chapter 9, Part 4, Criminal
Conviction Surcharge Allocation, to the account, to be appropriated by the Legislature.
(b) Money in the account shall be appropriated to the commission for implementing
law enforcement operations and programs related to reducing illegal drug activity and related
criminal activity as listed in Subsection (5).
(c) The state treasurer shall invest money in the account according to Title 51, Chapter
7, State Money Management Act.
(d) The Division of Finance shall deposit interest or other earnings derived from
investment of account money into the General Fund.
(4) (a) The commission shall allocate grants of funds from the account for the purposes
under Subsection (5) to state, local, or multijurisdictional law enforcement agencies and other
appropriate agencies.
(b) The grants shall be made by an application process established by the commission
in accordance with Subsection (6).
(5) (a) The first priority of the commission is to annually allocate not more than
$2,500,000, depending upon funding available from other sources, to directly fund the
operational costs of state and local law enforcement agencies' drug or crime task forces,
including multijurisdictional task forces.
(b) The second priority of the commission is to allocate grants for specified law
enforcement agency functions and other agency functions as the commission finds appropriate
to more effectively reduce illegal drug activity and related criminal activity, including
providing education, prevention, treatment, and research programs.
(6) (a) In allocating grants and determining the amount of the grants, the commission
shall consider:
(i) the demonstrated ability of the agency to appropriately use the grant to implement
the proposed functions and how this function or task force will add to the law enforcement
agency's current efforts to reduce illegal drug activity and related criminal activity; and
(ii) the agency's cooperation with other state and local agencies and task forces.
(b) Agencies qualify for a grant only if they demonstrate compliance with all reporting
and policy requirements applicable under this section and under Title 63M, Chapter 7,
Criminal Justice and Substance Abuse, in order to qualify as a potential grant recipient.
(7) Recipient agencies may only use grant money after approval or appropriation by the
agency's governing body, and a determination that the grant money is nonlapsing.
(8) A recipient law enforcement agency may use funds granted under this section only
for the purposes stated by the commission in the grant.
(9) For each fiscal year, any law enforcement agency that receives a grant from the
commission under this section shall prepare, and file with the commission and the state auditor,
a report in a form specified by the commission. The report shall include the following
regarding each grant:
(a) the agency's name;
(b) the amount of the grant;
(c) the date of the grant;
(d) how the grant has been used; and
(e) a statement signed by both the agency's or political subdivision's executive officer
or designee and by the agency's legal counsel, that all grant funds were used for law
enforcement operations and programs approved by the commission and that relate to reducing
illegal drug activity and related criminal activity, as specified in the grant.
[
(10) The commission shall report in writing to the legislative Law Enforcement and
Criminal Justice Interim Committee annually regarding the grants allocated under this section,
including the amounts and uses of the grants.
]
Section 2. Section 
51-9-412
 is amended to read:
51-9-412.
Law Enforcement Services Account -- Funding -- Uses.
(1) As used in this section:
(a) "Account" means the Law Enforcement Services Account.
(b) "Commission" means the Commission on Criminal and Juvenile Justice created in
Section 
63M-7-201
.
(c) "Halfway house" means a facility that houses parolees upon release from prison or
houses probationers who have violated the terms of their probation.
(d) "Law enforcement agency" means a local law enforcement agency.
(e) "Parole violator center" means a facility that houses parolees who have violated the
conditions of their parole agreement.
(2) There is created a restricted account within the General Fund known as the "Law
Enforcement Services Account."
(3) (a) The Division of Finance shall allocate funds from the collected surcharge in
accordance with Subsection 
51-9-401
(1)(c) to the account, but not to exceed the amount
appropriated by the Legislature.
(b) Money in the account shall be appropriated to the commission to administer and
distribute to law enforcement agencies providing services directly to areas with halfway houses
or parole violator centers, or both.
(4) The commission shall allocate funds from the account to local law enforcement
agencies on a pro-rata basis determined by:
(a) the average daily number of occupied beds in a halfway house in each agency's
jurisdiction for increased enforcement in areas with halfway houses;
(b) the average daily number of occupied beds in a parole violator center in each
agency's jurisdiction; or
(c) both Subsections (4)(a) and (b).
(5) A law enforcement agency may use funds received under this section only for the
purposes stated in this section.
(6) For each fiscal year, any law enforcement agency that receives funds from the
commission under this section shall prepare, and file with the commission and the state auditor,
a report in a form specified by the commission. The report shall include the following:
(a) the agency's name;
(b) the amount received;
(c) how the funds were used, including the impact on crime reduction efforts in areas
with halfway houses or parole violator centers, or both; and
(d) a statement signed by both the agency's or political subdivision's executive officer
or designee and by the agency's legal counsel that all funds were used for law enforcement
operations related to reducing criminal activity in areas with halfway houses or parole violator
centers, or both.
[
(7) The commission shall report in writing to the legislative Law Enforcement and
Criminal Justice Interim Committee annually regarding the funds allocated under this section,
including the amounts and uses.
]
Section 3. Section 
63M-7-305
 is amended to read:
63M-7-305.
Drug Offender Reform Act -- Coordination.
(1) As used in this section:
(a) "Council" means the Utah Substance Abuse Advisory Council.
(b) "Drug Offender Reform Act" and "act" mean the screening, assessment, substance
abuse treatment, and supervision provided to convicted offenders under Subsection
77-18-1.1
(2) to:
(i) determine offenders' specific substance abuse treatment needs as early as possible in
the judicial process;
(ii) expand treatment resources for offenders in the community;
(iii) integrate treatment of offenders with supervision by the Department of
Corrections; and
(iv) reduce the incidence of substance abuse and related criminal conduct.
(c) "Substance abuse authority" has the same meaning as in Section 
17-43-201
.
(2) The council shall provide ongoing oversight of the implementation, functions, and
evaluation of the Drug Offender Reform Act.
(3) The council shall develop an implementation plan for the Drug Offender Reform
Act. The plan shall:
(a) identify local substance abuse authority areas where the act will be implemented, in
cooperation with the Division of Substance Abuse and Mental Health, the Department of
Corrections, and the local substance abuse authorities;
(b) include guidelines on how funds appropriated under the act should be used;
(c) require that treatment plans under the act are appropriate for criminal offenders;
(d) include guidelines on the membership of local planning groups;
(e) include guidelines on the membership of the Department of Corrections' planning
group under Subsection (5); and
(f) provide guidelines for the Commission on Criminal and Juvenile Justice to conduct
an evaluation of the implementation, impact, and results of the act.
(4) (a) Each local substance abuse authority designated under Subsection (3) to
implement the act shall establish a local planning group and shall submit a plan to the council
detailing how the authority proposes to use the act funds. The uses shall be in accordance with
the guidelines established by the council under Subsection (3).
(b) Upon approval of the plan by the council, the Division of Substance Abuse and
Mental Health shall allocate the funds.
(c) Local substance abuse authorities shall annually, on or before October 1, submit to
the Division of Substance Abuse and Mental Health and to the council reports detailing use of
the funds and the impact and results of the use of the funds during the prior fiscal year ending
June 30.
(5) (a) The Department of Corrections shall establish a planning group and shall submit
a plan to the council detailing how the department proposes to use the act funds. The uses shall
be in accordance with the guidelines established by the council under Subsection (3).
(b) The Department of Corrections shall annually, before October 1, submit to the
council a report detailing use of the funds and the impact and results of the use of the funds
during the prior fiscal year ending June 30.
[
(6) The council shall monitor the progress and evaluation of the act and shall provide
a written report on the implementation, impact, and results of the act to the Law Enforcement
and Criminal Justice and the Health and Human Services legislative interim committees
annually before November 1.
]
Section 4. 
Repealer.
This bill repeals:
Section 
64-13e-106
,
Report to Legislature.