Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 403 Second Substitute (2022GS)

Sponsor

Rep. Wilcox, R.

Final action

Governor Signed 3/24/2022

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• defines terms;
• requires the Division of Technology Services to create a database for information and data required to be reported to the State Commission on Criminal and Juvenile Justice;
• provides parameters and standards for the database;
• creates a grant program to assist agencies with compliance;
• requires the State Commission on Criminal and Juvenile Justice to assist with the development and management of the database;
• requires that the State Commission on Criminal and Juvenile Justice provide reports to Interim and Standing Committees; and
• provides that entities that are not in compliance with reporting requirements may not receive grants from the Commission on Criminal and Juvenile Justice.

Every vote on this bill

Bill text

JUSTICE REINVESTMENT INITIATIVE MODIFICATIONS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Ryan D. Wilcox
Senate Sponsor: 
Kirk A. Cullimore
LONG TITLE
General Description:
This bill requires the Division of Technology Services and the State Commission on
Criminal and Juvenile Justice to collaborate on and create a Criminal Justice Database
as a repository for statutorily required data.
Highlighted Provisions:
This bill:
▸ defines terms;
▸ requires the Division of Technology Services to create a database for information
and data required to be reported to the State Commission on Criminal and Juvenile
Justice;
▸ provides parameters and standards for the database;
▸ creates a grant program to assist agencies with compliance;
▸ requires the State Commission on Criminal and Juvenile Justice to assist with the
development and management of the database;
▸ requires that the State Commission on Criminal and Juvenile Justice provide reports
to Interim and Standing Committees; and
▸ provides that entities that are not in compliance with reporting requirements may
not receive grants from the Commission on Criminal and Juvenile Justice.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a coordination clause.
Utah Code Sections Affected:
AMENDS:
63M-7-214
, as renumbered and amended by Laws of Utah 2020, Chapter 230
ENACTS:
63A-16-1001
, Utah Code Annotated 1953
63A-16-1002
, Utah Code Annotated 1953
63M-7-218
, Utah Code Annotated 1953
Utah Code Sections Affected by Coordination Clause:
63A-16-1002
, Utah Code Annotated 1953
63M-7-218
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
63A-16-1001
 is enacted to read:
Part 10. Criminal Justice Database
 63A-16-1001.
Definitions.
As used in this part:
(1) "Commission" means the State Commission on Criminal and Juvenile Justice
created in Section 
63M-7-201
.
(2) "Criminal justice agency" means an agency or institution directly involved in the
apprehension, prosecution, and incarceration of an individual involved in criminal activity,
including law enforcement, correctional facilities, jails, courts, probation, and parole.
(3) "Database" means the Criminal Justice Database created in this part.
(4) "Division" means the Division of Technology Services created in Section
63A-16-103
.
Section 2. Section 
63A-16-1002
 is enacted to read:
 63A-16-1002.
Criminal Justice Database.
(1) The commission shall oversee the creation and management of a Criminal Justice
Database for information and data required to be reported to the commission, organized by
county, and accessible to all criminal justice agencies in the state.
(2) The division shall assist with the development and management of the database.
(3) The division, in collaboration with the commission, shall create:
(a) master standards and formats for information submitted to the database;
(b) a portal, bridge, website, or other method for reporting entities to provide the
information;
(c) a master data management index or system to assist in the retrieval of information
in the database;
(d) a protocol for accessing information in the database that complies with state
privacy regulations; and
(e) a protocol for real-time audit capability of all data accessed through the portal by
participating data source, data use entities, and regulators.
(4) Each criminal justice agency charged with reporting information to the commission
shall provide the data or information to the database in a form prescribed by the commission.
(5) The database shall be the repository for the statutorily required data described in:
(a) Section 
17-22-32
, county jail reporting requirements;
(b) Section 
24-4-118
, forfeiture reporting requirements;
(c) Section 
41-6a-511
, courts to collect and maintain data;
(d) Section 
63M-7-214
, law enforcement agency grant reporting;
(e) Section 
63M-7-216
, prosecutorial data collection;
(f) Section 
64-13-21
, supervision of sentenced offenders placed in community;
(g) Section 
64-13-25
, standards for programs;
(h) Section 
64-13-45
, department reporting requirements;
(i) Section 
64-13e-104
, housing of state probationary inmates or state parole inmates;
(j) Section 
77-7-8.5
, use of tactical groups;
(k) Section 
77-20-103
, release data requirements;
(l) Section 
77-22-2.5
, court orders for criminal investigations;
(m) Section 
78A-2-109.5
, court demographics reporting;
(n) Section 
78B-7-120
, lethality assessments; and
(o) any other statutes which require the collection of specific data and the reporting of
that data to the commission.
(6) The commission shall report:
(a) progress on the database, including creation, configuration, and data entered, to the
Law Enforcement and Criminal Justice Interim Committee not later than November 2022; and
(b) all data collected as of December 31, 2022, to the Law Enforcement and Criminal
Justice Interim Committee, the House Law Enforcement and Criminal Justice Standing
Committee, and the Senate Judiciary, Law Enforcement and Criminal Justice Standing
Committee not later than January 16, 2023.
Section 3. Section 
63M-7-214
 is amended to read:
63M-7-214.
Commission on Criminal and Juvenile Justice -- Grants.
(1) As used in this section:
(a) "Commission" means the Commission on Criminal and Juvenile Justice created in
Section 
63M-7-201
.
(b) "Law enforcement agency" means a state or local law enforcement agency.
(c) "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) The commission shall implement law enforcement operations and programs related
to reducing illegal drug activity as listed in Subsection (3).
(3) (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.
(4) (a) In allocating grants and determining the amount of the grants 
to carry out the
purposes of Subsection (3)
, 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.
(5) The commission shall allocate grants to local law enforcement agencies to assist in
complying with the requirements of Subsection 
63A-16-1002
(4). The commission shall only
use funds appropriated for this purpose for the grants.
[
(5)
] 
(6)
 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.
[
(6)
] 
(7)
 A recipient law enforcement agency may use funds granted under this section
only for the purposes stated by the commission in the grant.
[
(7)
] 
(8)
 (a) 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.
(b) The report shall include the following regarding each grant:
(i) the agency's name;
(ii) the amount of the grant;
(iii) the date of the grant;
(iv) how the grant has been used; and
(v) 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.
Section 4. Section 
63M-7-218
 is enacted to read:
 63M-7-218.
 State grant requirements.
Beginning July 1, 2023, the commission may not award any grant of state funds to any
entity subject to, and not in compliance with, the reporting requirements in Subsections
63A-16-1002
(5)(a) through (n).
Section 5. 
 Coordinating H.B. 403 with S.B. 179 -- Substantive amendments.
If this H.B. 403 and S.B. 179, Criminal Justice Amendments, both pass and become
law, it is the intent of the Legislature that the Office of Legislative Research and General
Counsel, when preparing the Utah Code database for publication:
(1) modify Section 
63A-16-1002
 to read as follows:
"63A-16-1002. Criminal Justice Database.
(1) The commission shall oversee the creation and management of a Criminal Justice
Database for information and data required to be reported to the commission, organized by
county, and accessible to all criminal justice agencies in the state.
(2) The division shall assist with the development and management of the database.
(3) The division, in collaboration with the commission, shall create:
(a) master standards and formats for information submitted to the database;
(b) a portal, bridge, website, or other method for reporting entities to provide the
information;
(c) a master data management index or system to assist in the retrieval of information
in the database;
(d) a protocol for accessing information in the database that complies with state
privacy regulations; and
(e) a protocol for real-time audit capability of all data accessed through the portal by
participating data source, data use entities, and regulators.
(4) Each criminal justice agency charged with reporting information to the commission
shall provide the data or information to the database in a form prescribed by the commission.
(5) The database shall be the repository for the statutorily required data described in:
(a) Section 
13-53-111
, recidivism reporting requirements;
(b) Section 
17-22-32
, county jail reporting requirements;
(c) Section 
17-55-201
, Criminal Justice Coordinating Councils reporting;
(d) Section 
24-4-118
, forfeiture reporting requirements;
(e) Section 
41-6a-511
, courts to collect and maintain data;
(f) Section 
63M-7-214
, law enforcement agency grant reporting;
(g) Section 
63M-7-216
, prosecutorial data collection;
(h) Section 
64-13-21
, supervision of sentenced offenders placed in community;
(i) Section 
64-13-25
, standards for programs;
(j) Section 
64-13-45
, department reporting requirements;
(k) Section 
64-13e-104
, housing of state probationary inmates or state parole inmates;
(l) Section 
77-7-8.5
, use of tactical groups;
(m) Section 
77-20-103
, release data requirements;
(n) Section 
77-22-2.5
, court orders for criminal investigations;
(o) Section 
78A-2-109.5
, court demographics reporting; and
(p) any other statutes which require the collection of specific data and the reporting of
that data to the commission.
(6) The commission shall report:
(a) progress on the database, including creation, configuration, and data entered, to the
Law Enforcement and Criminal Justice Interim Committee not later than November 2022; and
(b) all data collected as of December 31, 2022, to the Law Enforcement and Criminal
Justice Interim Committee, the House Law Enforcement and Criminal Justice Standing
Committee, and the Senate Judiciary, Law Enforcement and Criminal Justice Standing
Committee not later than January 16, 2023."; and
(2) not enact Section 
63M-7-218
 in S.B. 179, and modify Section 
63M-7-218
 in this
H.B. 403 to read as follows:
"63M-7-218. State grant requirements.
Beginning July 1, 2023, the commission may not award any grant of state funds to any
entity subject to, and not in compliance with, the reporting requirements in Subsections
63A-16-1002
(5)(a) through (o)."