2nd Sub. H.B. 61
LEGISLATIVE GENERAL COUNSEL
6 Approved for Filing: J. Rogers 6
6 02-01-23 6:31 PM 6
H.B. 61
2nd Sub. (Gray)
Representative Ryan D. Wilcox proposes the following substitute bill:
1 SCHOOL SAFETY REQUI REMENTS
2 2023 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Ryan D. Wilcox
5 Senate Sponsor: Don L. Ipson
6
7LONG TITLE
8General Description:
9 This bill addresses school safety and security issues.
10Highlighted Provisions:
11 This bill:
12 <defines terms;
13 <creates a state security chief position within the Department of Public Safety;
14 <requires each county sheriff to identify an individual within the sheriff's office to
15coordinate between the county sheriff's office, the state security chief, and certain
16police chiefs within the county;
17 <creates the School Security Task Force;
18 <requires the task force to develop the qualifications, duties, and scope of authority
19of the state security chief;
20 <requires the State Board of Education (board) to provide a report on certain law
21enforcement and disciplinary actions on school grounds to the State Commission on
22Criminal and Juvenile Justice (commission);
23 <requires the board to issue a request for proposals for firearm detection software and
24allows an LEA to enter into a contract to use the software;
25 <provides for the board to administer a grant program for certain school safety and
*HB0061S02* 2nd Sub. (Gray) H.B. 61 02-01-23 6:31 PM
- 2 -
26security services and materials;
27 <requires every public primary and secondary school to conduct a threat assessment;
28 <modifies certain contracts concerning school resource officers, including the
29handling of certain student offenses;
30 <creates requirements for policies concerning school resource officers;
31 <adds components to the board's model critical response training program;
32 <amends requirements for and renames the criminal justice database;
33 <modifies the duties of the commission in regards to juvenile justice;
34 <enacts data collection and reporting requirements for the commission and the
35Administrative Office of the Courts in regards to offenses committed, or allegedly
36committed, by minors; and
37 <makes technical and conforming amendments.
38Money Appropriated in this Bill:
39 This bill appropriates in fiscal year 2024:
40 <to State Board of Education - Contracted Initiatives and Grants, as a one-time
41appropriation:
42 Cfrom the Income Tax Fund, One-time, $25,000,000.
43Other Special Clauses:
44 None
45Utah Code Sections Affected:
46AMENDS:
47 53E-3-516, as last amended by Laws of Utah 2022, Chapter 399
48 53G-8-701, as last amended by Laws of Utah 2019, Chapter 293
49 53G-8-702, as last amended by Laws of Utah 2021, Chapter 279
50 53G-8-703, as last amended by Laws of Utah 2019, Chapter 293
51 53G-8-802, as last amended by Laws of Utah 2022, Chapter 399
52 63A-16-1001, as enacted by Laws of Utah 2022, Chapter 390
53 63A-16-1002, as enacted by Laws of Utah 2022, Chapter 390 and last amended by
54Coordination Clause, Laws of Utah 2022, Chapter 390
55 63I-2-253, as last amended by Laws of Utah 2022, Chapters 208, 229, 274, 354, 370,
56and 409 02-01-23 6:31 PM 2nd Sub. (Gray) H.B. 61
- 3 -
57 63M-7-208, as last amended by Laws of Utah 2021, Chapter 262
58 63M-7-218, as enacted by Laws of Utah 2022, Chapter 390 and last amended by
59Coordination Clause, Laws of Utah 2022, Chapter 390
60ENACTS:
61 53-22-101, Utah Code Annotated 1953
62 53-22-102, Utah Code Annotated 1953
63 53-22-103, Utah Code Annotated 1953
64 53-22-104, Utah Code Annotated 1953
65 53F-4-208, Utah Code Annotated 1953
66 53F-5-220, Utah Code Annotated 1953
67 53G-8-701.5, Utah Code Annotated 1953
68 53G-8-703.2, Utah Code Annotated 1953
69 80-6-104, Utah Code Annotated 1953
70
71Be it enacted by the Legislature of the state of Utah:
72 Section 1. Section 53-22-101 is enacted to read:
73 CHAPTER 22. SCHOOL SECURITY ACT
74 53-22-101. School Security Act -- Definitions.
75 As used in this chapter:
76 (1) "Public school" means the same as that term is defined in Section 53G-9-205.1.
77 (2) "School resource officer" or "SRO" means a law enforcement officer hired by a
78public school in accordance with Section 53G-8-703.
79 (3) "State security chief" means an individual appointed by the commissioner under
80Section 53-22-102.
81 Section 2. Section 53-22-102 is enacted to read:
82 53-22-102. State security chief -- Creation -- Appointment.
83 (1) There is created within the department a state security chief.
84 (2) The state security chief:
85 (a) is appointed by the commissioner with the approval of the governor;
86 (b) is subject to the supervision and control of the commissioner;
87 (c) may be removed at the will of the commissioner; 2nd Sub. (Gray) H.B. 61 02-01-23 6:31 PM
- 4 - House Floor Amendments 2-6-2023 pf/jr
88 (d) shall be qualified by experience and education to:
89 (i) enforce the laws of this state relating to school safety;
90 (ii) perform duties prescribed by the commissioner; and
91 (iii) enforce rules made under this chapter.
92 (3) The duties and responsibilities of the state security chief shall be determined by the
93Commissioner of Public Safety in conjunction with the School Security Task Force created in
94Section 53-22-104.
95 Section 3. Section 53-22-103 is enacted to read:
96 53-22-103. County sheriff responsibilities -- Coordination.
97 Each county sheriff shall identify an individual within the sheriff's office to coordinate
98security responsibilities between the state security chief, the county sheriff's office, and the
99corresponding police chiefs whose jurisdiction includes a public school within the county.
100 Section 4. Section 53-22-104 is enacted to read:
101 53-22-104. School Security Task Force -- Membership -- Duties -- Per diem --
102Report -- Expiration.
103 (1) There is created a School Security Task Force composed of the following º [17] 18
103a»
104members:
105 (a) the House chair of the Law Enforcement and Criminal Justice Interim Committee,
106who shall serve as chair;
107 (b) the House chair of the Criminal Code Evaluation Task Force;
108 (c) a member of the Senate, appointed by the president of the Senate;
109 (d) the state superintendent of the State Board of Education or the state
110superintendent's designee;
111 (e) the school safety specialist to the State Board of Education;
112 (f) the public safety liaison described in Section 53-1-106;
113 (g) the commissioner of the Department of Public Safety or the commissioner's
114designee;
115 (h) the director of the Utah Division of Juvenile Justice Youth Services or the director's
116designee;
117 (i) a member of the Utah School Superintendents Association, selected by the president
118of the association; 02-01-23 6:31 PM 2nd Sub. (Gray) H.B. 61
- 5 - House Floor Amendments 2-6-2023 pf/jr
119 (j) two members of the Chiefs of Police Association, one from a city of the first or
120second class and one from a city of the third, fourth, fifth, or sixth class, selected by the
121president of the association;
122 (k) two members of the Sheriffs Association, one from a county of the first, second, or
123third class and one from a county of the fourth, fifth, or sixth class, selected by the president of
124the association;
125 (l) a representative from the Utah Association of Public Charter Schools selected by
126the president of the association;
127 (m) a representative from a school district, selected by the chair;
128 (n) an expert in school security, selected by the chair; º [and] »
129 (o) a member of a local law enforcement agency recommended by the commissioner of
130the Department of Public Safety º [.] ; and
130a(p) a member of the SafeUT and School Safety Commission, selected by the chair. »
131 (2) The task force shall:
132 (a) determine the specific qualifications, duties, and responsibilities of the state
133security chief created in Section 53-22-102;
134 (b) create statewide standardized training requirements and hiring policies for school
135resource officers;
136 (c) review and revise, if necessary, the model critical incident response training
137program developed under Section 53G-8-802;
138 (d) develop training standards for active threats and emergency response in schools;
139 (e) recommend standards for the use of school security specialists;
140 (f) recommend safety and security protocols for the design, construction, and
141reconstruction of new and existing schools;
142 (g) develop legislation to accomplish Subsections (a) through (e) for introduction in the
1432024 General Session; and
144 (h) prepare a report and present any legislation developed to the Law Enforcement and
145Criminal Justice Interim Committee by November 30, 2023.
146 (3) (a) A majority of the members of the task force constitutes a quorum.
147 (b) The action of a majority of a quorum constitutes an action of the task force.
148 (4) The Office of Legislative Research and General Counsel shall provide staff for the
149task force. 2nd Sub. (Gray) H.B. 61 02-01-23 6:31 PM
- 6 -
150 (5) (a) Salaries and expenses of the members of the task force who are legislators shall
151be paid in accordance with:
152 (i) Section 36-2-2;
153 (ii) Legislative Joint Rules, Title 5, Chapter 2, Lodging, Meal, and Transportation
154Expenses; and
155 (iii) Legislative Joint Rules, Title 5, Chapter 3, Legislator Compensation.
156 (b) A member of the task force who is not a legislator may not receive compensation
157for the member's work associated with the task force but may receive per diem and
158reimbursement for travel expenses incurred as a member of the task force at the rates
159established by the Division of Finance under:
160 (i) Sections 63A-3-106 and 63A-3-107; and
161 (ii) rules made by the Division of Finance in accordance with Sections 63A-3-106 and
16263A-3-107.
163 (6) This task force expires December 31, 2023.
164 Section 5. Section 53E-3-516 is amended to read:
165 53E-3-516. School disciplinary and law enforcement action report -- Rulemaking
166authority.
167 (1) As used in this section:
168 (a) "Disciplinary action" means an action by a public school meant to formally
169discipline a student of that public school that includes a suspension or expulsion.
170 (b) "Law enforcement agency" means the same as that term is defined in Section
17177-7a-103.
172 (c) "Minor" means the same as that term is defined in Section 53G-6-201.
173 (d) "Other law enforcement activity" means a significant law enforcement interaction
174with a minor that does not result in an arrest, including:
175 (i) a search and seizure by an SRO;
176 (ii) issuance of a criminal citation;
177 (iii) issuance of a ticket or summons;
178 (iv) filing a delinquency petition; or
179 (v) referral to a probation officer.
180 (e) "School is in session" means the hours of a day during which a public school 02-01-23 6:31 PM 2nd Sub. (Gray) H.B. 61
- 7 -
181conducts instruction for which student attendance is counted toward calculating average daily
182membership.
183 (f) (i) "School-sponsored activity" means an activity, fundraising event, club, camp,
184clinic, or other event or activity that is authorized by a specific public school, according to LEA
185governing board policy, and satisfies at least one of the following conditions:
186 (A) the activity is managed or supervised by a school district, public school, or public
187school employee;
188 (B) the activity uses the school district or public school facilities, equipment, or other
189school resources; or
190 (C) the activity is supported or subsidized, more than inconsequentially, by public
191funds, including the public school's activity funds or Minimum School Program dollars.
192 (ii) "School-sponsored activity" includes preparation for and involvement in a public
193performance, contest, athletic competition, demonstration, display, or club activity.
194 (g) "Student resource officer" or "SRO" means the same as that term is defined in
195Section 53G-8-701.
196 (2) Beginning on July 1, 2023, the state board shall develop an annual report regarding
197the following incidents that occur on school grounds while school is in session or during a
198school-sponsored activity:
199 (a) arrests of a minor;
200 (b) other law enforcement activities; and
201 (c) disciplinary actions.
202 (3) Pursuant to state and federal law, law enforcement agencies shall collaborate with
203the state board and LEAs to provide and validate data and information necessary to complete
204the report described in Subsection (2), as requested by an LEA or the state board.
205 (4) The report described in Subsection (2) shall include the following information
206listed separately for each LEA:
207 (a) the number of arrests of a minor, including the reason why the minor was arrested;
208 (b) the number of other law enforcement activities, including the following information
209for each incident:
210 (i) the reason for the other law enforcement activity; and
211 (ii) the type of other law enforcement activity used; 2nd Sub. (Gray) H.B. 61 02-01-23 6:31 PM
- 8 -
212 (c) the number of disciplinary actions imposed, including:
213 (i) the reason for the disciplinary action; and
214 (ii) the type of disciplinary action;
215 (d) the number of SROs employed; and
216 (e) if applicable, the demographics of an individual who is subject to, as the following
217are defined in Section 53G-9-601, bullying, hazing, cyber-bullying, or retaliation.
218 (5) The report described in Subsection (2) shall include the following information, in
219aggregate, for each element described in Subsections (4)(a) through (c):
220 (a) age;
221 (b) grade level;
222 (c) race;
223 (d) sex; and
224 (e) disability status.
225 (6) Information included in the annual report described in Subsection (2) shall comply
226with:
227 (a) Chapter 9, Part 3, Student Data Protection;
228 (b) Chapter 9, Part 2, Student Privacy; and
229 (c) the Family Education Rights and Privacy Act, 20 U.S.C. Secs. 1232g and 1232h.
230 (7) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
231state board shall make rules to compile the report described in Subsection (2).
232 (8) The state board shall provide the report described in Subsection (2):
233 (a) in accordance with Section 53E-1-203 for incidents that occurred during the
234previous school year[.]; and
235 (b) to the State Commission on Criminal and Juvenile Justice before July 1 of each
236year for incidents that occurred during the previous school year.
237 Section 6. Section 53F-4-208 is enacted to read:
238 53F-4-208. State board procurement for school security software.
239 (1) In accordance with Title 63G, Chapter 6a, Utah Procurement Code, the state board
240shall issue a request for proposals, on or before June 15, 2023, and enter a contract with a
241private vendor for firearm detection software to detect and alert district personnel and first
242responders about the presence of visible, unholstered firearms on school property. 02-01-23 6:31 PM 2nd Sub. (Gray) H.B. 61
- 9 -
243 (2) The contract described in Subsection (1) shall require the firearm detection
244software to be:
245 (a) developed in the United States without the use of any third-party or open-source
246data;
247 (b) protected by an awarded patent that includes a training database populated with
248frames of actual videos of firearms taken in relevant environments across diverse industries;
249 (c) designated as qualified anti-terrorism technology under the federal SAFETY Act, 6
250U.S.C. Sec. 441 et seq.;
251 (d) designed to integrate with existing security camera infrastructure at school districts;
252 (e) managed directly by the contracted vendor through a constantly monitored
253operations center that is staffed by highly trained analysts in order to rapidly communicate
254possible threats to end users; and
255 (f) successfully deployed in other states, school districts, and commercial users.
256 (3) An LEA may enter into the contract described in Subsection (1) for firearm
257detection software at the LEA's schools.
258 Section 7. Section 53F-5-220 is enacted to read:
259 53F-5-220. School Safety and Support Grant Program -- Rulemaking.
260 (1) The state board may award a grant to an LEA in response to an LEA request for
261proposal to provide a school with:
262 (a) school resource officer services;
263 (b) school safety specialists and school safety specialist training;
264 (c) safety and security training by law enforcement agencies for school employees;
265 (d) first-aid kits for classrooms; or
266 (e) bleeding control kits.
267 (2) An LEA may not apply for a grant under this section to fund services already in
268place, but an LEA may submit a request for proposal to fund an expansion of existing services.
269 (3) The state board shall prioritize grant funding for LEAs with low student counts that
270have designated a school safety specialist in each school.
271 (4) The state board may adopt rules in accordance with Title 63G, Chapter 3, Utah
272Administrative Rulemaking Act, to administer this section.
273 Section 8. Section 53G-8-701 is amended to read: 2nd Sub. (Gray) H.B. 61 02-01-23 6:31 PM
- 10 -
274 53G-8-701. Definitions.
275 As used in this part:
276 (1) "Law enforcement agency" means the same as that term is defined in Section
27753-1-102.
278 (2) "Public school" means the same as that term is defined in Section 53G-9-205.1.
279 [(2)] (3) "School resource officer" or "SRO" means a law enforcement officer, as
280defined in Section 53-13-103, who contracts with or whose law enforcement agency contracts
281with an LEA to provide law enforcement services for the LEA.
282 (4) "School safety specialist" means a school employee who is responsible for
283supporting school safety initiatives including the threat assessment described in Subsection
28453G-8-802(2)(g)(i).
285 Section 9. Section 53G-8-701.5 is enacted to read:
286 53G-8-701.5. Threat assessment and school safety specialist.
287 Every public primary and secondary school:
288 (1) shall conduct a threat assessment as described in Subsection 53G-8-802(2)(g)(i);
289and
290 (2) may designate a school safety specialist.
291 Section 10. Section 53G-8-702 is amended to read:
292 53G-8-702. School resource officer training -- Curriculum.
293 (1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
294state board shall make rules that prepare and make available a training program for school
295principals, school personnel, and school resource officers to attend.
296 (2) To create the curriculum and materials for the training program described in
297Subsection (1), the state board shall:
298 (a) work in conjunction with the State Commission on Criminal and Juvenile Justice
299created in Section 63M-7-201;
300 (b) solicit input from local school boards, charter school governing boards, and the
301Utah Schools for the Deaf and the Blind;
302 (c) consult with a nationally recognized organization that provides resources and
303training for school resource officers;
304 [(c)] (d) solicit input from local law enforcement and other interested community 02-01-23 6:31 PM 2nd Sub. (Gray) H.B. 61
- 11 -
305stakeholders; and
306 [(d)] (e) consider the current United States Department of Education recommendations
307on school discipline and the role of a school resource officer.
308 (3) The training program described in Subsection (1) may include training on the
309following:
310 (a) childhood and adolescent development;
311 (b) responding age-appropriately to students;
312 (c) working with disabled students;
313 (d) techniques to de-escalate and resolve conflict;
314 (e) cultural awareness;
315 (f) restorative justice practices;
316 (g) identifying a student exposed to violence or trauma and referring the student to
317appropriate resources;
318 (h) student privacy rights;
319 (i) negative consequences associated with youth involvement in the juvenile and
320criminal justice systems;
321 (j) strategies to reduce juvenile justice involvement;
322 (k) roles of and distinctions between a school resource officer and other school staff
323who help keep a school secure;
324 (l) developing and supporting successful relationships with students; and
325 (m) legal parameters of searching and questioning students on school property.
326 (4) The state board shall work together with the Department of Public Safety, the State
327Commission on Criminal and Juvenile Justice, and state and local law enforcement to establish
328policies, [and] procedures, [that govern] and training requirements for school resource officers.
329 Section 11. Section 53G-8-703 is amended to read:
330 53G-8-703. Contracts between an LEA and law enforcement for school resource
331officer services -- Requirements.
332 (1) An LEA may contract with a local law enforcement agency [or an individual] to
333provide school resource officer services at the LEA [if the LEA governing board reviews and
334approves the contract].
335 (2) [If an LEA contracts] An LEA contract with a law enforcement agency [or an 2nd Sub. (Gray) H.B. 61 02-01-23 6:31 PM
- 12 -
336individual] to provide SRO services at the LEA[, the LEA governing board] shall require in the
337contract:
338 (a) an acknowledgment by the law enforcement agency [or the individual] that an SRO
339hired under the contract shall:
340 (i) provide for and maintain a safe, healthy, and productive learning environment in a
341school;
342 (ii) act as a positive role model to students;
343 (iii) work to create a cooperative, proactive, and problem-solving partnership between
344law enforcement and the LEA;
345 (iv) emphasize the use of restorative approaches to address negative behavior; and
346 (v) at the request of the LEA, teach a vocational law enforcement class;
347 (b) a description of the shared understanding of the LEA and the law enforcement
348agency [or individual] regarding the roles and responsibilities of law enforcement and the LEA
349to:
350 (i) maintain safe schools;
351 (ii) improve school climate; and
352 (iii) support educational opportunities for students;
353 (c) a designation of student offenses that, in accordance with Section 53G-8-211, the
354SRO:
355 (i) may refer to the juvenile court;
356 (ii) [the SRO] shall confer with the LEA to resolve[, including an offense that:]; and
357 [(i) is a minor violation of the law; and]
358 [(ii) would not violate the law if the offense was committed by an adult;]
359 [(d)] (iii) [a designation of student offenses that are administrative issues that an SRO]
360shall refer to a school administrator for resolution [in accordance with Section 53G-8-211] as
361an administrative issue with the understanding that the SRO will be informed of the outcome of
362the administrative issue;
363 [(e)] (d) a detailed description of the rights of a student under state and federal law
364with regard to:
365 (i) searches;
366 (ii) questioning; 02-01-23 6:31 PM 2nd Sub. (Gray) H.B. 61
- 13 -
367 (iii) arrests; and
368 [(iii)] (iv) information privacy;
369 [(f)] (e) a detailed description of:
370 (i) job assignment and duties[;], including:
371 (A) the school to which the SRO will be assigned;
372 (B) the hours the SRO is expected to be present at the school;
373 (C) the point of contact at the school;
374 (D) specific responsibilities for providing and receiving information; and
375 (E) types of records to be kept, and by whom;
376 (ii) training requirements; and
377 (iii) other expectations of the SRO and school administration in relation to law
378enforcement at the LEA;
379 [(g)] (f) that an SRO who is hired under the contract and the principal at the school
380where an SRO will be working, or the principal's designee, will jointly complete the SRO
381training described in Section 53G-8-702; [and]
382 [(h) if the contract is between an LEA and a law enforcement agency, that:]
383 [(i)] (g) that both parties agree to jointly discuss SRO applicants; and
384 [(ii)] (h) that the law enforcement agency will, at least annually, seek out and accept
385feedback from an LEA about an SRO's performance.
386 Section 12. Section 53G-8-703.2 is enacted to read:
387 53G-8-703.2. LEA establishment of SRO policy -- Public comment.
388 (1) An LEA shall establish an SRO policy.
389 (2) The SRO policy described in Subsection (1) shall include:
390 (a) the contract described in Section 53G-8-703; and
391 (b) all other procedures and requirements governing the relationship between the LEA
392and an SRO.
393 (3) Before implementing the SRO policy described in Subsection (1), the LEA shall
394present the SRO policy at a public meeting and receive public comment on the SRO policy.
395 Section 13. Section 53G-8-802 is amended to read:
396 53G-8-802. State Safety and Support Program -- State board duties -- LEA
397duties. 2nd Sub. (Gray) H.B. 61 02-01-23 6:31 PM
- 14 -
398 (1) There is created the State Safety and Support Program.
399 (2) The state board shall:
400 (a) develop in conjunction with the Division of Substance Abuse and Mental Health
401model student safety and support policies for an LEA, including:
402 (i) evidence-based procedures for the assessment of and intervention with an individual
403whose behavior poses a threat to school safety;
404 (ii) procedures for referrals to law enforcement; and
405 (iii) procedures for referrals to a community services entity, a family support
406organization, or a health care provider for evaluation or treatment;
407 (b) provide training:
408 (i) in school safety;
409 (ii) in evidence-based approaches to improve school climate and address and correct
410bullying behavior;
411 (iii) in evidence-based approaches in identifying an individual who may pose a threat
412to the school community;
413 (iv) in evidence-based approaches in identifying an individual who may be showing
414signs or symptoms of mental illness;
415 (v) on permitted disclosures of student data to law enforcement and other support
416services under the Family Education Rights and Privacy Act, 20 U.S.C. Sec. 1232g;
417 (vi) on permitted collection of student data under 20 U.S.C. Sec. 1232h and Sections
41853E-9-203 and 53E-9-305; and
419 (vii) for administrators on rights and prohibited acts under:
420 (A) Chapter 9, Part 6, Bullying and Hazing;
421 (B) Title VI of the Civil Rights Act of 1964, 42 U.S.C. Sec. 2000d et seq.;
422 (C) Title IX of Education Amendments of 1972, 20 U.S.C. Sec. 1681 et seq.;
423 (D) Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. Sec. 701 et seq.; and
424 (E) the Individuals with Disabilities Education Act, 20 U.S.C. Sec. 1400 et seq.;
425 (c) conduct and disseminate evidence-based research on school safety concerns;
426 (d) disseminate information on effective school safety initiatives;
427 (e) encourage partnerships between public and private sectors to promote school safety;
428 (f) provide technical assistance to an LEA in the development and implementation of 02-01-23 6:31 PM 2nd Sub. (Gray) H.B. 61
- 15 -
429school safety initiatives;
430 (g) in conjunction with the Department of Public Safety, develop and make available to
431an LEA a model critical incident response training program that includes:
432 (i) protocols for conducting a threat assessment, and ensuring building security during
433an incident, as required in Section 53G-8-701.5;
434 (ii) standardized response protocol terminology for use throughout the state;
435 (iii) protocols for planning and safety drills; and
436 (iv) recommendations for safety equipment for schools including amounts and types of
437first aid supplies;
438 (h) provide space for the public safety liaison described in Section 53-1-106 and the
439school-based mental health specialist described in Section 62A-15-103;
440 (i) create a model school climate survey that may be used by an LEA to assess
441stakeholder perception of a school environment and, in accordance with Title 63G, Chapter 3,
442Utah Administrative Rulemaking Act, adopt rules:
443 (i) requiring an LEA to:
444 (A) create or adopt and disseminate a school climate survey; and
445 (B) disseminate the school climate survey;
446 (ii) recommending the distribution method, survey frequency, and sample size of the
447survey; and
448 (iii) specifying the areas of content for the school climate survey; and
449 (j) collect aggregate data and school climate survey results from each LEA.
450 (3) Nothing in this section requires an individual to respond to a school climate survey.
451 (4) The state board shall require an LEA to:
452 (a) (i) review data from the state board-facilitated surveys containing school climate
453data for each school within the LEA; and
454 (ii) based on the review described in Subsection (4)(a)(i):
455 (A) revise practices, policies, and training to eliminate harassment and discrimination
456in each school within the LEA;
457 (B) adopt a plan for harassment- and discrimination-free learning; and
458 (C) host outreach events or assemblies to inform students and parents of the plan
459adopted under Subsection (4)(a)(ii)(B); 2nd Sub. (Gray) H.B. 61 02-01-23 6:31 PM
- 16 -
460 (b) no later than September 1 of each school year, send a notice to each student, parent,
461and LEA staff member stating the LEA's commitment to maintaining a school climate that is
462free of harassment and discrimination; and
463 (c) report to the state board:
464 (i) no later than August 1, 2023, on the LEA's plan adopted under Subsection
465(4)(a)(ii)(B); and
466 (ii) after August 1, 2023, annually on the LEA's implementation of the plan and
467progress.
468 Section 14. Section 63A-16-1001 is amended to read:
469 63A-16-1001. Definitions.
470 As used in this part:
471 (1) "Commission" means the State Commission on Criminal and Juvenile Justice
472created in Section 63M-7-201.
473 (2) "Criminal justice agency" means an agency or institution directly involved in the
474apprehension, prosecution, and incarceration of an individual involved in criminal activity,
475including law enforcement, correctional facilities, jails, courts, probation, and parole.
476 (3) "Database" means the [Criminal Justice Database] criminal and juvenile justice
477database created in this part.
478 (4) "Division" means the Division of Technology Services created in Section
47963A-16-103.
480 Section 15. Section 63A-16-1002 is amended to read:
481 63A-16-1002. Criminal and juvenile justice database.
482 (1) The commission shall oversee the creation and management of a [Criminal Justice
483Database] criminal and juvenile justice database for information and data required to be
484reported to the commission, organized by county, and accessible to all criminal justice agencies
485in the state.
486 (2) The division shall assist with the development and management of the database.
487 (3) The division, in collaboration with the commission, shall create:
488 (a) master standards and formats for information submitted to the database;
489 (b) a portal, bridge, website, or other method for reporting entities to provide the
490information; 02-01-23 6:31 PM 2nd Sub. (Gray) H.B. 61
- 17 -
491 (c) a master data management index or system to assist in the retrieval of information
492in the database;
493 (d) a protocol for accessing information in the database that complies with state
494privacy regulations; and
495 (e) a protocol for real-time audit capability of all data accessed through the portal by
496participating data source, data use entities, and regulators.
497 (4) Each criminal justice agency charged with reporting information to the commission
498shall provide the data or information to the database in a form prescribed by the commission.
499 (5) The database shall be the repository for the statutorily required data described in:
500 (a) Section 13-53-111, recidivism reporting requirements;
501 (b) Section 17-22-32, county jail reporting requirements;
502 (c) Section 17-55-201, Criminal Justice Coordinating Councils reporting;
503 (d) Section 24-4-118, forfeiture reporting requirements;
504 (e) Section 41-6a-511, courts to collect and maintain data;
505 (f) Section 63M-7-214, law enforcement agency grant reporting;
506 (g) Section 63M-7-216, prosecutorial data collection;
507 (h) Section 64-13-21, supervision of sentenced offenders placed in community;
508 (i) Section 64-13-25, standards for programs;
509 (j) Section 64-13-45, department reporting requirements;
510 (k) Section 64-13e-104, housing of state probationary inmates or state parole inmates;
511 (l) Section 77-7-8.5, use of tactical groups;
512 (m) Section 77-20-103, release data requirements;
513 (n) Section 77-22-2.5, court orders for criminal investigations;
514 (o) Section 78A-2-109.5, court demographics reporting;
515 (p) Section 80-6-104, data collection on offenses committed by minors; and
516 [(p)] (q) any other statutes which require the collection of specific data and the
517reporting of that data to the commission.
518 (6) The commission shall report:
519 (a) progress on the database, including creation, configuration, and data entered, to the
520Law Enforcement and Criminal Justice Interim Committee not later than November 2022; and
521 (b) all data collected as of December 31, 2022, to the Law Enforcement and Criminal 2nd Sub. (Gray) H.B. 61 02-01-23 6:31 PM
- 18 -
522Justice Interim Committee, the House Law Enforcement and Criminal Justice Standing
523Committee, and the Senate Judiciary, Law Enforcement and Criminal Justice Standing
524Committee not later than January 16, 2023.
525 Section 16. Section 63I-2-253 is amended to read:
526 63I-2-253. Repeal dates: Titles 53 through 53G.
527 (1) Section 53-22-104 is repealed December 31, 2023.
528 (2) (a) Subsection 53B-2a-108(5), regarding exceptions to the composition of a
529technical college board of trustees, is repealed July 1, 2022.
530 (b) When repealing Subsection 53B-2a-108(5), the Office of Legislative Research and
531General Counsel shall, in addition to its authority under Subsection 36-12-12(3), make
532necessary changes to subsection numbering and cross references.
533 [(2)] (3) Section 53B-6-105.7 is repealed July 1, 2024.
534 [(3)] (4) Section 53B-7-707 regarding performance metrics for technical colleges is
535repealed July 1, 2023.
536 [(4)] (5) Section 53B-8-114 is repealed July 1, 2024.
537 [(5)] (6) The following provisions, regarding the Regents' scholarship program, are
538repealed on July 1, 2023:
539 (a) in Subsection 53B-8-105(12), the language that states, "or any scholarship
540established under Sections 53B-8-202 through 53B-8-205";
541 (b) Section 53B-8-202;
542 (c) Section 53B-8-203;
543 (d) Section 53B-8-204; and
544 (e) Section 53B-8-205.
545 [(6)] (7) Section 53B-10-101 is repealed on July 1, 2027.
546 [(7)] (8) Title 53B, Chapter 18, Part 14, Uintah Basin Air Quality Research Project, is
547repealed July 1, 2023.
548 [(8)] (9) Subsection 53E-1-201(1)(s) regarding the report by the Educational
549Interpretation and Translation Services Procurement Advisory Council is repealed July 1, 2024.
550 [(9)] (10) Section 53E-1-202.2, regarding a Public Education Appropriations
551Subcommittee evaluation and recommendations, is repealed January 1, 2024.
552 [(10)] (11) Subsection 53E-10-309(7), related to the PRIME pilot program, is repealed 02-01-23 6:31 PM 2nd Sub. (Gray) H.B. 61
- 19 -
553July 1, 2024.
554 [(11)] (12) In Subsections 53F-2-205(4) and (5), regarding the State Board of
555Education's duties if contributions from the minimum basic tax rate are overestimated or
556underestimated, the language that states "or 53F-2-301.5, as applicable" is repealed July 1,
5572023.
558 [(12)] (13) Section 53F-2-209, regarding local education agency budgetary flexibility,
559is repealed July 1, 2024.
560 [(13)] (14) Subsection 53F-2-301(1), relating to the years the section is not in effect, is
561repealed July 1, 2023.
562 [(14)] (15) Section 53F-2-302.1, regarding the Enrollment Growth Contingency
563Program, is repealed July 1, 2023.
564 [(15)] (16) Subsection 53F-2-314(4), relating to a one-time expenditure between the
565at-risk WPU add-on funding and previous at-risk funding, is repealed January 1, 2024.
566 [(16)] (17) Section 53F-2-524, regarding teacher bonuses for extra work assignments,
567is repealed July 1, 2024.
568 [(17)] (18) In Subsection 53F-2-515(1), the language that states "or 53F-2-301.5, as
569applicable" is repealed July 1, 2023.
570 [(18)] (19) Subsection 53F-4-401(3)(b), regarding a child enrolled or eligible for
571enrollment in kindergarten, is repealed July 1, 2022.
572 [(19)] (20) In Subsection 53F-4-404(4)(c), the language that states "Except as provided
573in Subsection (4)(d)" is repealed July 1, 2022.
574 [(20)] (21) Subsection 53F-4-404(4)(d) is repealed July 1, 2022.
575 [(21)] (22) In Subsection 53F-9-302(3), the language that states "or 53F-2-301.5, as
576applicable" is repealed July 1, 2023.
577 [(22)] (23) In Subsection 53F-9-305(3)(a), the language that states "or 53F-2-301.5, as
578applicable" is repealed July 1, 2023.
579 [(23)] (24) In Subsection 53F-9-306(3)(a), the language that states "or 53F-2-301.5, as
580applicable" is repealed July 1, 2023.
581 [(24)] (25) In Subsection 53G-3-304(1)(c)(i), the language that states "or 53F-2-301.5,
582as applicable" is repealed July 1, 2023.
583 [(25)] (26) On July 1, 2023, when making changes in this section, the Office of 2nd Sub. (Gray) H.B. 61 02-01-23 6:31 PM
- 20 -
584Legislative Research and General Counsel shall, in addition to the office's authority under
585Subsection 36-12-12(3), make corrections necessary to ensure that sections and subsections
586identified in this section are complete sentences and accurately reflect the office's perception of
587the Legislature's intent.
588 Section 17. Section 63M-7-208 is amended to read:
589 63M-7-208. Juvenile justice oversight -- Delegation -- Effective dates.
590 (1) The Commission on Criminal and Juvenile Justice shall:
591 (a) support implementation and expansion of evidence-based juvenile justice programs
592and practices, including assistance regarding implementation fidelity, quality assurance, and
593ongoing evaluation;
594 (b) examine and make recommendations on the use of third-party entities or an
595intermediary organization to assist with implementation and to support the performance-based
596contracting system authorized in Subsection (1)(m);
597 (c) oversee the development of performance measures to track juvenile justice reforms,
598and ensure early and ongoing stakeholder engagement in identifying the relevant performance
599measures;
600 (d) evaluate currently collected data elements throughout the juvenile justice system
601and contract reporting requirements to streamline reporting, reduce redundancies, eliminate
602inefficiencies, and ensure a focus on recidivism reduction;
603 (e) review averted costs from reductions in out-of-home placements for juvenile justice
604youth placed with the Division of Juvenile Justice Services and the Division of Child and
605Family Services, and make recommendations to prioritize the reinvestment and realignment of
606resources into community-based programs for youth living at home, including the following:
607 (i) statewide expansion of:
608 (A) juvenile receiving centers, as defined in Section 80-1-102;
609 (B) mobile crisis outreach teams, as defined in Section 62A-15-102;
610 (C) youth courts; and
611 (D) victim-offender mediation;
612 (ii) statewide implementation of nonresidential diagnostic assessment;
613 (iii) statewide availability of evidence-based programs and practices including
614cognitive behavioral and family therapy programs for minors assessed by a validated risk and 02-01-23 6:31 PM 2nd Sub. (Gray) H.B. 61
- 21 -
615needs assessment as moderate or high risk;
616 (iv) implementation and infrastructure to support the sustainability and fidelity of
617evidence-based juvenile justice programs, including resources for staffing, transportation, and
618flexible funds; and
619 (v) early intervention programs such as family strengthening programs, family
620wraparound services, and proven truancy interventions;
621 (f) assist the Administrative Office of the Courts in the development of a statewide
622sliding scale for the assessment of fines, fees, and restitution, based on the ability of the minor's
623family to pay;
624 (g) analyze the alignment of resources and the roles and responsibilities of agencies,
625such as the operation of early intervention services, receiving centers, and diversion, and make
626recommendations to reallocate functions as appropriate, in accordance with Section 80-5-401;
627 (h) comply with the data collection and reporting requirements under Section
62880-6-104;
629 [(h) ensure that data reporting is expanded and routinely review data in additional
630areas, including:]
631 [(i) referral and disposition data by judicial district;]
632 [(ii) data on the length of time minors spend in the juvenile justice system, including
633the total time spent under court jurisdiction, on community supervision, and in each
634out-of-home placement;]
635 [(iii) recidivism data for minors who are diverted to a nonjudicial adjustment under
636Section 80-6-304 and minors for whom dispositions are ordered under Section 80-6-701,
637including tracking minors into the adult corrections system;]
638 [(iv) change in aggregate risk levels from the time minors receive services, are under
639supervision, and are in out-of-home placement; and]
640 [(v) dosage of programming;]
641 (i) develop a reasonable timeline within which all programming delivered to minors in
642the juvenile justice system must be evidence-based or consist of practices that are rated as
643effective for reducing recidivism by a standardized program evaluation tool;
644 (j) provide guidelines to be considered by the Administrative Office of the Courts and
645the Division of Juvenile Justice Services in developing tools considered by the Administrative 2nd Sub. (Gray) H.B. 61 02-01-23 6:31 PM
- 22 -
646Office of the Courts and the Division of Juvenile Justice Services in developing or selecting
647tools to be used for the evaluation of juvenile justice programs;
648 (k) develop a timeline to support improvements to juvenile justice programs to achieve
649reductions in recidivism and review reports from relevant state agencies on progress toward
650reaching that timeline;
651 (l) subject to Subsection (2), assist in the development of training for juvenile justice
652stakeholders, including educators, law enforcement officers, probation staff, judges, Division
653of Juvenile Justice Services staff, Division of Child and Family Services staff, and program
654providers;
655 (m) subject to Subsection (3), assist in the development of a performance-based
656contracting system, which shall be developed by the Administrative Office of the Courts and
657the Division of Juvenile Justice Services for contracted services in the community and
658contracted out-of-home placement providers;
659 (n) assist in the development of a validated detention risk assessment tool that [shall
660be] is developed or adopted and validated by the Administrative Office of the Courts and the
661Division of Juvenile Justice Services as provided in Section 80-5-203 [on and after July 1,
6622018]; and
663 (o) annually issue and make public a report to the governor, president of the Senate,
664speaker of the House of Representatives, and chief justice of the Utah Supreme Court on the
665progress of the reforms and any additional areas in need of review.
666 (2) Training described in Subsection (1)(l) should include instruction on
667evidence-based programs and principles of juvenile justice, such as risk, needs, responsivity,
668and fidelity, and shall be supplemented by the following topics:
669 (a) adolescent development;
670 (b) identifying and using local behavioral health resources;
671 (c) implicit bias;
672 (d) cultural competency;
673 (e) graduated responses;
674 (f) Utah juvenile justice system data and outcomes; and
675 (g) gangs.
676 (3) The system described in Subsection (1)(m) shall provide incentives for: 02-01-23 6:31 PM 2nd Sub. (Gray) H.B. 61
- 23 -
677 (a) the use of evidence-based juvenile justice programs and practices rated as effective
678by the tools selected in accordance with Subsection (1)(j);
679 (b) the use of three-month timelines for program completion; and
680 (c) evidence-based programs and practices for minors living at home in rural areas.
681 (4) The State Commission on Criminal and Juvenile Justice may delegate the duties
682imposed under this section to a subcommittee or board established by the Commission on
683Criminal and Juvenile Justice in accordance with Subsection 63M-7-204(2).
684 [(5) Subsections (1)(a) through (c) take effect August 1, 2017. The remainder of this
685section takes effect July 1, 2018.]
686 Section 18. Section 63M-7-218 is amended to read:
687 63M-7-218. State grant requirements.
688 Beginning July 1, 2023, the commission may not award any grant of state funds to any
689entity subject to, and not in compliance with, the reporting requirements in Subsections
69063A-16-1002(5)(a) through [(o)] (p).
691 Section 19. Section 80-6-104 is enacted to read:
692 80-6-104. Data collection on offenses committed by minors -- Reporting
693requirement.
694 (1) As used in this section:
695 (a) "Firearm" means the same as that term is defined in Section 76-10-501.
696 (b) "Firearm-related offense" means a criminal offense involving a firearm.
697 (c) "School is in session" means the same as that term is defined in Section 53E-3-516.
698 (d) "School-sponsored activity" means the same as that term is defined in Section
69953E-3-516.
700 (2) Before July 1 of each year, the Administrative Office of the Courts shall submit the
701following data to the State Commission on Criminal and Juvenile Justice, broken down by
702judicial district, for the preceding calendar year:
703 (a) the number of referrals to the juvenile court;
704 (b) the number of minors diverted to a nonjudicial adjustment;
705 (c) the number of minors that satisfy the conditions of a nonjudicial adjustment;
706 (d) the number of minors for whom a petition is filed in the juvenile court;
707 (e) the number of minors for whom an information is filed in the juvenile court; 2nd Sub. (Gray) H.B. 61 02-01-23 6:31 PM
- 24 -
708 (f) the number of minors bound over to the district court by the juvenile court;
709 (g) the number of petitions for offenses committed by minors that were dismissed by
710the juvenile court;
711 (h) the number of adjudications in the juvenile court for offenses committed by minors;
712 (i) the number of guilty pleas entered into by minors in the juvenile court;
713 (j) the number of dispositions resulting in secure care, community-based placement,
714formal probation, and intake probation;
715 (k) for each minor charged in the juvenile court with a firearm-related offense:
716 (i) the minor's age at the time the offense was committed or allegedly committed;
717 (ii) the minor's zip code at the time that the offense was referred to the juvenile court;
718 (iii) whether the minor is a restricted person under Subsection 76-10-503(1)(a)(iv) or
719(1)(b)(ii);
720 (iv) the type of offense for which the minor is charged;
721 (v) the outcome of the minor's case in juvenile court, including whether the minor was
722bound over to the district court or adjudicated by the juvenile court; and
723 (vi) if a disposition was entered by the juvenile court, whether the disposition resulted
724in secure care, community-based placement, formal probation, or intake probation.
725 (3) The State Commission on Criminal and Juvenile Justice shall track the disposition
726of a case resulting from a firearm-related offense committed, or allegedly committed, by a
727minor when the minor is found in possession of a firearm while school is in session or during a
728school-sponsored activity.
729 (4) In collaboration with the Administrative Office of the Courts, the division, and
730other agencies, the State Commission on Criminal and Juvenile Justice shall collect data for the
731preceding calendar year on:
732 (a) the length of time that minors spend in the juvenile justice system, including the
733total amount of time minors spend under juvenile court jurisdiction, on community
734supervision, and in each out-of-home placement;
735 (b) recidivism of minors who are diverted to a nonjudicial adjustment and minors for
736whom dispositions are ordered by the juvenile court, including tracking minors into the adult
737corrections system;
738 (c) changes in aggregate risk levels from the time minors receive services, are under 02-01-23 6:31 PM 2nd Sub. (Gray) H.B. 61
- 25 -
739supervision, and are in out-of-home placement; and
740 (d) dosages of programming.
741 (5) On and before October 1 of each year, the State Commission on Criminal and
742Juvenile Justice shall prepare and submit a written report to the Judiciary Interim Committee
743and the Law Enforcement and Criminal Justice Interim Committee that includes:
744 (a) data collected by the State Commission on Criminal and Juvenile Justice under this
745section;
746 (b) data collected by the State Board of Education under Section 53E-3-516; and
747 (c) recommendations for legislative action with respect to the data described in this
748Subsection (5).
749 Section 20. Appropriation.
750 The following sums of money are appropriated for the fiscal year beginning July 1,
7512023, and ending June 30, 2024. These are additions to amounts previously appropriated for
752fiscal year 2024. Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures
753Act, the Legislature appropriates the following sums of money from the funds or accounts
754indicated for the use and support of the government of the state of Utah.
755ITEM 1
756To State Board of Education - Contracted Initiatives and Grants
757 From Income Tax Fund, One-time 25,000,000
758 Schedule of Programs:
759 Contracts and Grants 25,000,000
760 The Legislature intends that:
761 (1) $22,000,000 of the appropriation under this item be used for the grant program
762described in Section 53F-5-220 of this bill;
763 (2) $3,000,000 of the appropriation under this item be used for the procurement
764described in Section 53G-8-803 of this bill; and
765 (3) under Section 63J-1-603, the one-time appropriation provided under this item not
766lapse at the close of fiscal year 2024 and the use of any nonlapsing funds is limited to the
767purposes described in Subsections (1) and (2) of this item.