Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 251 First Substitute (2019GS)

Sponsor

Sen. Harper, W.

Final action

Governor Signed 3/27/2019

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• defines terms;
• changes the administration of the Child Welfare Parental Defense Program from the Department of Administrative Services to the Commission on Criminal and Juvenile Justice;
• modifies provisions relating to the duties and functions of the Child Welfare Parental Defense Program; and
• makes technical changes.

Every vote on this bill

Bill text

PARENTAL DEFENSE OFFICE AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Wayne A. Harper
House Sponsor: 
Eric K. Hutchings
LONG TITLE
General Description:
This bill changes the administration of the Child Welfare Parental Defense Program
from the Department of Administrative Services to the Commission on Criminal and
Juvenile Justice.
Highlighted Provisions:
This bill:
▸ defines terms;
▸ changes the administration of the Child Welfare Parental Defense Program from the
Department of Administrative Services to the Commission on Criminal and
Juvenile Justice;
▸ modifies provisions relating to the duties and functions of the Child Welfare
Parental Defense Program; and
▸ makes technical changes.
Money Appropriated in this Bill:
This bill appropriates in fiscal year 2020:
▸ to Commission on Criminal and Juvenile Justice -- Child Welfare Parental Defense
Fund, as an ongoing appropriation:
• from General Fund, $6,500.
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
63M-7-204
, as last amended by Laws of Utah 2018, Chapters 54 and 126
77-32-802
, as last amended by Laws of Utah 2018, Chapter 296
ENACTS:
63M-7-211
, Utah Code Annotated 1953
63M-7-211.1
, Utah Code Annotated 1953
63M-7-211.2
, Utah Code Annotated 1953
REPEALS:
63A-11-101
, as last amended by Laws of Utah 2011, Chapter 265
63A-11-102
, as last amended by Laws of Utah 2011, Chapter 265
63A-11-103
, as last amended by Laws of Utah 2011, Chapter 265
63A-11-104
, as last amended by Laws of Utah 2011, Chapter 265
63A-11-105
, as last amended by Laws of Utah 2011, Chapter 265
63A-11-106
, as last amended by Laws of Utah 2011, Chapter 265
63A-11-107
, as last amended by Laws of Utah 2008, Chapter 382
63A-11-201
, as last amended by Laws of Utah 2011, Chapter 265
63A-11-202
, as last amended by Laws of Utah 2011, Chapter 265
63A-11-203
, as last amended by Laws of Utah 2013, Chapter 400
63A-11-204
, as last amended by Laws of Utah 2011, Chapter 265
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;
(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;
(t) allocate and administer grants, from money made available, for pilot qualifying
education programs; [
and
]
(u) oversee the trauma-informed justice program described in Section 
63M-7-209
[
.
]
;
and
(v) administer the Child Welfare Parental Defense Program in accordance with
Sections 
63M-7-211
, 
63M-7-211.1
, and 
63M-7-211.2
.
(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-7-211
 is enacted to read:
 63M-7-211.
Child welfare parental defense program -- Creation -- Duties --
Contracting -- Annual report -- Budget -- Records access.
(1) As used in this section and Sections 
63M-7-211.1
 and 
63M-7-211.2
:
(a) "Child welfare case" means a proceeding under Title 78A, Chapter 6, Part 3, Abuse,
Neglect, and Dependency Proceedings, or Part 5, Termination of Parental Rights Act.
(b) "Commission" means the Commission on Criminal and Juvenile Justice created in
Section 
63M-7-201
.
(c) "Contracted parental defense attorney" means a parental defense attorney who is
under contract with the commission to provide parental defense in a child welfare case.
(d) "Executive director" means the executive director of the commission appointed
under Section 
63M-7-203
.
(e) "Fund" means the Child Welfare Parental Defense Fund established in Section
63M-7-211.2
.
(f) "Parental defense attorney" means an attorney, law firm, or group of attorneys who:
(i) are authorized to practice law in the state; and
(ii) provide legal representation under contract with the commission, or a county in the
state, to a parent who is a party in a child welfare case.
(g) "Program" means the Child Welfare Parental Defense Program created in this
section.
(2) There is created within the commission the Child Welfare Parental Defense
Program.
(3) The commission shall:
(a) administer and enforce this section;
(b) manage the operation and budget of the program;
(c) provide assistance and advice to parental defense attorneys;
(d) develop and provide educational and training programs for parental defense
attorneys; and
(e) provide information and advice to assist a parental defense attorney to comply with
the attorney's professional, contractual, and ethical duties.
(4) The commission may contract with:
(a) a person who is qualified to perform the program duties under this section; and
(b) an attorney authorized to practice law in the state, as an independent contractor, to
serve as a parental defense attorney under this section.
(5) (a) On or before October 1 of each year, the executive director shall report to the
governor and the Child Welfare Legislative Oversight Panel regarding the preceding fiscal year
on the operations, activities, and goals of the program.
(b) The executive director shall prepare a budget of:
(i) the administrative expenses for the program; and
(ii) the amount estimated to fund needed contracts and other costs.
(c) The professional legislative staff may include summary data and nonidentifying
information in the staff's audits and reports to the Legislature.
(6) (a) (i) Notwithstanding Title 63G, Chapter 2, Government Records Access and
Management Act, and except as provided in Subsection (6)(b), a record of a contracted parental
defense attorney is protected and may not be released or made public upon subpoena, search
warrant, discovery proceedings, or otherwise.
(ii) A record of a contracted parental defense attorney is subject to legislative
subpoena, under Title 36, Chapter 14, Legislative Subpoena Powers.
(b) The Legislature shall maintain a record released in accordance with Subsection
(6)(a)(ii) as confidential.
Section 3. Section 
63M-7-211.1
 is enacted to read:
 63M-7-211.1.
Child welfare parental defense contracts.
(1) (a) The commission may enter into a contract with a parental defense attorney to
provide services for an indigent parent who is the subject of a petition alleging abuse, neglect,
or dependency, and requires a parental defense attorney under Section 
78A-6-1111
.
(b) Payment for the representation, costs, and expenses of a contracted parental defense
attorney shall be made from the Child Welfare Parental Defense Fund in accordance with
Section 
63M-7-211.2
.
(c) The parental defense attorney shall maintain the minimum qualifications as
provided by this section.
(2) A contracted parental defense attorney shall:
(a) adequately prepare for and attend all court hearings, including initial and continued
shelter hearings and mediations;
(b) fully advise the client of the nature of the proceedings and of the client's rights,
communicate to the client any offers of settlement or compromise, and advise the client
regarding the reasonably foreseeable consequences of any course of action in the proceedings;
(c) be reasonably available to consult with the client outside of court proceedings;
(d) where attendance is reasonably necessary, attend meetings regarding the client's
case with representatives of one or more of the Division of Child and Family Services, the
Office of the Attorney General, or the Office of Guardian Ad Litem;
(e) represent the interest of the client at all stages of the proceedings before the trial
court, and on appeal as required by law; and
(f) participate in the training courses and otherwise maintain the standards described in
Subsection (4).
(3) If the commission enters into a contract with a firm to provide parental defense
attorney services under this section, the contract shall require that each attorney in the firm who
will provide representation of a parent in a child welfare case under the contract perform the
duties described in Subsection (2).
(4) (a) Except as otherwise provided in Subsection (4)(b), a contracted parental defense
attorney shall:
(i) complete a basic training course provided by the program;
(ii) have experience in child welfare cases; and
(iii) participate each calendar year in continuing legal education courses providing no
fewer than eight hours of instruction in child welfare law.
(b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
commission may, by rule, exempt from the requirements of Subsection (4)(a) an attorney who
has equivalent training or adequate experience.
Section 4. Section 
63M-7-211.2
 is enacted to read:
 63M-7-211.2.
Child Welfare Parental Defense Fund -- Agreements for coverage
by the Child Welfare Parental Defense Fund.
(1) There is created an expendable special revenue fund known as the "Child Welfare
Parental Defense Fund."
(2) Subject to availability, the commission may make distributions from the fund as
required in this section or Section 
63M-7-211
 or 
63M-7-211.1
 for the following purposes:
(a) to pay for the representation, costs, expert witness fees, and expenses of parental
defense attorneys who are under contract with the commission to provide parental defense in
child welfare cases for an indigent parent that is the subject of a petition alleging abuse,
neglect, or dependency;
(b) for administrative costs under this section or Section 
63M-7-211
 or 
63M-7-211.1
;
and
(c) for reasonable expenses directly related to the functioning of the program, including
training and travel expenses.
(3) The fund consists of:
(a) appropriations made to the fund by the Legislature;
(b) interest and earnings from the investment of fund money;
(c) proceeds deposited by participating counties under this section; and
(d) private contributions to the fund.
(4) The state treasurer shall invest the money in the fund by following the procedures
and requirements of Title 51, Chapter 7, State Money Management Act.
(5) (a) If the commission anticipates a deficit in the fund during a fiscal year:
(i) the commission shall request an appropriation from the Legislature; and
(ii) the Legislature may fund the anticipated deficit through appropriation.
(b) If the anticipated deficit is not funded by the Legislature, the commission may
request an interim assessment to participating counties as described in Subsection (6) to fund
the anticipated deficit.
(6) (a) A county legislative body and the commission may annually enter into a written
agreement for the commission to provide parental defense attorney services in the county out of
the fund.
(b) The agreement described under Subsection (6)(a) shall:
(i) require the county to pay into the fund an amount defined by a formula established
by the commission by rule under Title 63G, Chapter 3, Utah Administrative Rulemaking Act;
and
(ii) provide for revocation of the agreement for failure to pay an assessment on the due
date established by the commission by rule under Title 63G, Chapter 3, Utah Administrative
Rulemaking Act.
(7) (a) After the first year of operation of the fund, any county that elects to initiate
participation in the fund, or reestablish participation in the fund after participation was
terminated, shall be required to make an equity payment, in addition to the assessment
provided in Subsection (5).
(b) The commission shall determine the amount of the equity payment described in
Subsection (7)(a) by rule established by the commission under Title 63G, Chapter 3, Utah
Administrative Rulemaking Act.
(8) A county that elects to withdraw from participation in the fund, or whose
participation in the fund is revoked due to failure to pay the county's assessment, as described
in Subsection (6), when due, shall forfeit any right to any previously paid assessment by the
county or coverage from the fund.
Section 5. Section 
77-32-802
 is amended to read:
77-32-802.
Commission members -- Member qualifications -- Terms -- Vacancy.
(1) The commission is composed of 14 voting members and one ex officio, nonvoting
member.
(a) The governor, with the consent of the Senate, shall appoint the following 12 voting
members:
(i) two practicing criminal defense attorneys recommended by the Utah Association of
Criminal Defense Lawyers;
(ii) one attorney practicing in juvenile delinquency defense recommended by the Utah
Association of Criminal Defense Lawyers;
(iii) an attorney representing minority interests recommended by the Utah Minority Bar
Association;
(iv) one member recommended by the Utah Association of Counties from a county of
the first or second class;
(v) one member recommended by the Utah Association of Counties from a county of
the third through sixth class;
(vi) a director of a county public defender organization recommended by the Utah
Association of Criminal Defense Lawyers;
(vii) two members recommended by the Utah League of Cities and Towns from its
membership;
(viii) a retired judge recommended by the Judicial Council;
(ix) one member of the Utah Legislature selected jointly by the Speaker of the House
and President of the Senate; and
(x) one attorney practicing in the area of parental defense, recommended by an entity
funded under [
Title 63A, Chapter 11,
] 
the
 Child Welfare Parental Defense Program 
created in
Section 
63M-7-211
. 
(b) The Judicial Council shall appoint a voting member from the Administrative Office
of the Courts.
(c) The executive director of the State Commission on Criminal and Juvenile Justice or
the executive director's designee is a voting member of the commission.
(d) The director of the commission, appointed under Section 
77-32-803
, is an ex
officio, nonvoting member of the commission.
(2) A member appointed by the governor shall serve a four-year term, except as
provided in Subsection (3).
(3) The governor shall stagger the initial terms of appointees so that approximately half
of the members appointed by the governor are appointed every two years.
(4) A member appointed to the commission shall have significant experience in
indigent criminal defense , parental defense, or juvenile defense in delinquency proceedings or
have otherwise demonstrated a strong commitment to providing effective representation in
indigent defense services.
(5) A person who is currently employed solely as a criminal prosecuting attorney may
not serve as a member of the commission .
(6) A commission member shall hold office until the member's successor is appointed.
(7) The commission may remove a member for incompetence, dereliction of duty,
malfeasance, misfeasance, or nonfeasance in office, or for any other good cause.
(8) If a vacancy occurs in the membership for any reason, a replacement shall be
appointed for the remaining unexpired term in the same manner as the original appointment.
(9) The commission shall annually elect a chair from the commission's membership to
serve a one-year term. A commission member may not serve as chair of the commission for
more than three consecutive terms.
(10) A member may not receive compensation or benefits for the member's service, but
may receive per diem and travel expenses in accordance with:
(a) Section 
63A-3-106
;
(b) Section 
63A-3-107
; and
(c) rules made by the Division of Finance pursuant to Sections 
63A-3-106
 and
63A-3-107
.
(11) (a) A majority of the members of the commission constitutes a quorum.
(b) If a quorum is present, the action of a majority of the voting members present
constitutes the action of the commission.
Section 6. 
Repealer.
This bill repeals:
Section 
63A-11-101
,
Title.
Section 
63A-11-102
,
Definitions.
Section 
63A-11-103
,
Creation of program.
Section 
63A-11-104
,
Program -- Duties -- Contracting.
Section 
63A-11-105
,
Program -- Duties, functions, and responsibilities.
Section 
63A-11-106
,
Annual report -- Budget.
Section 
63A-11-107
,
Records access.
Section 
63A-11-201
,
Child welfare parental defense contracts -- Qualifications.
Section 
63A-11-202
,
Contracted parental defense attorney.
Section 
63A-11-203
,
Child Welfare Parental Defense Fund -- Creation.
Section 
63A-11-204
,
Agreements for coverage by the Child Welfare Parental
Defense Fund -- Eligibility -- County and state obligations -- Termination -- Revocation.
Section 7. 
Appropriation.
The following sums of money are appropriated for the fiscal year beginning July 1,
2019, and ending June 30, 2020. These are additions to amounts previously appropriated for
fiscal year 2020. The Legislature has reviewed the following expendable funds. The Legislature
authorizes the State Division of Finance to transfer amounts between funds and accounts as
indicated. Outlays and expenditures from the funds or accounts to which the money is
transferred may be made without further legislative action, in accordance with statutory
provisions relating to the funds or accounts.
ITEM 1
To Commission on Criminal and Juvenile Justice -- Child Welfare Parental
Defense Fund
From General Fund
$6,500
Schedule of Programs:
Child Welfare Parental Defense Fund
$6,500