Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 177 First Substitute (2018GS)

Sponsor

Rep. Ivory, K.

Final action

Governor Signed 3/16/2018

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• modifies the duties of the Commission on Criminal and Juvenile Justice;
• creates a trauma-informed justice program, including:
• defining terms;
• creating a committee;
• establishing powers and duties of the committee;
• providing for a performance incentive grant program; and
• requiring reporting; and
• makes technical changes.

Every vote on this bill

Bill text

TRAUMA-INFORMED JUSTICE PROVISIONS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Ken Ivory
Senate Sponsor: 
Luz Escamilla
LONG TITLE
General Description:
This bill addresses trauma-informed justice.
Highlighted Provisions:
This bill:
▸ modifies the duties of the Commission on Criminal and Juvenile Justice;
▸ creates a trauma-informed justice program, including:
• defining terms;
• creating a committee;
• establishing powers and duties of the committee;
• providing for a performance incentive grant program; and
• requiring reporting; and
▸ makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a special effective date.
Utah Code Sections Affected:
AMENDS:
63M-7-204
, as last amended by Laws of Utah 2017, Chapter 330
ENACTS:
63M-7-209
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
63M-7-204
 is amended to read:
63M-7-204.
Duties of commission.
(1) The State Commission on Criminal and Juvenile Justice administration shall:
(a) promote the commission's purposes as enumerated in Section 
63M-7-201
;
(b) promote the communication and coordination of all criminal and juvenile justice
agencies;
(c) 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;
(d) study, evaluate, and report on programs initiated by state and local agencies to
address reducing recidivism, including changes in penalties and sentencing guidelines intended
to reduce recidivism, costs savings associated with the reduction in the number of inmates, and
evaluation of expenses and resources needed to meet goals regarding the use of treatment as an
alternative to incarceration, as resources allow;
(e) study, evaluate, and report on policies, procedures, and programs of other
jurisdictions which have effectively reduced crime;
(f) identify and promote the implementation of specific policies and programs the
commission determines will significantly reduce crime in Utah;
(g) 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;
(h) provide analysis, accountability, recommendations, and supervision for state and
federal criminal justice grant money;
(i) 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;
(j) promote research and program evaluation as an integral part of the criminal and
juvenile justice system;
(k) provide a comprehensive criminal justice plan annually;
(l) review agency forecasts regarding future demands on the criminal and juvenile
justice systems, including specific projections for secure bed space;
(m) 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:
(i) developing and maintaining common data standards for use by all state criminal
justice agencies;
(ii) annually performing audits of criminal history record information maintained by
state criminal justice agencies to assess their accuracy, completeness, and adherence to
standards;
(iii) 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
(iv) establishing general policies concerning criminal and juvenile justice information
systems and making rules as necessary to carry out the duties under Subsection (1)(k) and this
Subsection (1)(m);
(n) allocate and administer grants, from money made available, for approved education
programs to help prevent the sexual exploitation of children;
(o) allocate and administer grants funded from money from the Law Enforcement
Operations Account created in Section 
51-9-411
 for law enforcement operations and programs
related to reducing illegal drug activity and related criminal activity;
(p) request, receive, and evaluate data and recommendations collected and reported by
agencies and contractors related to policies recommended by the commission regarding
recidivism reduction;
(q) establish and administer a performance incentive grant program that allocates funds
appropriated by the Legislature to programs and practices implemented by counties that reduce
recidivism and reduce the number of offenders per capita who are incarcerated;
(r) oversee or designate an entity to oversee the implementation of juvenile justice
reforms; [
and
]
(s) make rules and administer the juvenile holding room standards and juvenile jail
standards to align with the Juvenile Justice and Delinquency Prevention Act requirements
pursuant to 42 U.S.C. Sec. 5633[
.
]
; and
(t) oversee the trauma-informed justice program described in Section 
63M-7-209
.
(2) If the commission designates an entity under Subsection (1)(r), the commission
shall ensure that the membership of the entity includes representation from the three branches
of government and, as determined by the commission, representation from relevant stakeholder
groups across all parts of the juvenile justice system, including county representation.
Section 2. Section 
63M-7-209
 is enacted to read:
 63M-7-209.
Trauma-informed justice program.
(1) As used in this section:
(a) "Committee" means the Multi-Disciplinary Trauma-Informed Committee created
under Subsection (2).
(b) "First responder" includes:
(i) a law enforcement officer, as defined in Section 
53-13-103
;
(ii) emergency medical service personnel, as defined in Section 
26-8a-102
; and
(iii) a firefighter.
(c) "Trauma-informed" means a policy, procedure, program, or practice that
demonstrates an ability to minimize retraumatization associated with the criminal and juvenile
justice system.
(d) "Victim" means the same as that term is defined in Section 
77-37-2
.
(2) (a) The commission shall create a committee known as the Multi-Disciplinary
Trauma-Informed Committee to assist the commission in meeting the requirements of this
section. The commission shall provide for the membership, terms, and quorum requirements of
the committee, except that:
(i) at least one member of the committee shall be a victim;
(ii) the executive director of the Department of Health or the executive director's
designee shall be on the committee;
(iii) the executive director of the Department of Human Services or the executive
director's designee shall be on the committee;
(iv) a member of the Utah Intergenerational Welfare Reform Commission, created in
Section 
35A-9-301
, as chosen by the chair of the Utah Intergenerational Welfare Reform
Commission shall be on the committee; and
(v) the commission shall terminate the committee on June 30, 2020.
(b) The commission shall use the Utah Office for Victims of Crime, the Utah Office on
Domestic and Sexual Violence, and the Utah Council on Victims of Crime in meeting the
requirements of this section.
(3) (a) The committee shall work with statewide coalitions, children's justice centers,
and other stakeholders to complete, by no later than September 1, 2019, a review of current and
recommended trauma-informed policies, procedures, programs, or practices in the state's
criminal and juvenile justice system, including:
(i) reviewing the role of victim advocates and victim services in the criminal and
juvenile justice system and:
(A) how to implement the option of a comprehensive, seamless victim advocate system
that is based on the best interests of victims and assists a victim throughout the criminal and
juvenile justice system or a victim's process of recovering from the trauma the victim
experienced as a result of being a victim of crime; and
(B) recommending what minimum qualifications a victim advocate must meet,
including recommending trauma-informed training or trauma-informed continuing education
hours;
(ii) reviewing of best practice standards and protocols, including recommending
adoption or creation of trauma-informed interview protocols, that may be used to train persons
within the criminal and juvenile justice system concerning trauma-informed policies,
procedures, programs, or practices, including training of:
(A) peace officers that is consistent with the training developed under Section
76-5-608
;
(B) first responders;
(C) prosecutors;
(D) defense counsel;
(E) judges and other court personnel;
(F) the Board of Pardons and Parole and its personnel;
(G) the Department of Corrections, including Adult Probation and Parole; and
(H) others involved in the state's criminal and juvenile justice system;
(iii) recommending outcome based metrics to measure achievement related to
trauma-informed policies, procedures, programs, or practices in the criminal and juvenile
justice system;
(iv) recommending minimum qualifications and continuing education of individuals
providing training, consultation, or administrative supervisory consultation within the criminal
and juvenile justice system regarding trauma-informed policies, procedures, programs, or
practices;
(v) identifying needs that are not funded or that would benefit from additional
resources;
(vi) identifying funding sources, including outlining the restrictions on the funding
sources, that may fund trauma-informed policies, procedures, programs, or practices;
(vii) reviewing which governmental entities should have the authority to implement
recommendations of the committee; and
(viii) reviewing the need, if any, for legislation or appropriations to meet budget needs.
(b) Whenever the commission conducts a related survey, the commission, when
possible, shall include how victims and their family members interact with Utah's criminal and
juvenile justice system, including whether the victims and family members are treated with
trauma-informed policies, procedures, programs, or practices throughout the criminal and
juvenile justice system.
(4) The commission shall establish and administer a performance incentive grant
program that allocates money appropriated by the Legislature to public or private entities:
(a) to provide advocacy and related service for victims in connection with the Board of
Pardons and Parole process; and
(b) that have demonstrated experience and competency in the best practices and
standards of trauma-informed care.
(5) The commission shall report to the Judiciary Interim Committee, at the request of
the Judiciary Interim Committee, and the Law Enforcement and Criminal Justice Interim
Committee by no later than the September 2019 interim regarding the grant under Subsection
(4), the committee's activities under this section, and whether the committee should be
extended beyond June 30, 2020.
Section 3. 
Effective date.
If approved by two-thirds of all the members elected to each house, this bill takes effect
upon approval by the governor, or the day following the constitutional time limit of Utah
Constitution, Article VII, Section 8, without the governor's signature, or in the case of a veto,
the date of veto override.