H.B. 244
LEGISLATIVE GENERAL COUNSEL
6 Approved for Filing: J. Carlton 6
6 01-19-23 3:03 PM 6
H.B. 244
1 UTAH VICTIM SERVICES COMMISSION
2 2023 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Ken Ivory
5 Senate Sponsor: ____________
6
7LONG TITLE
8General Description:
9 This bill creates the Utah Victim Services Commission.
10Highlighted Provisions:
11 This bill:
12 <modifies the membership of the State Commission on Criminal and Juvenile
13Justice, the Utah Substance Use and Mental Health Advisory Council, the Utah
14Council on Victims of Crime, and the Domestic Violence Offender Treatment
15Board;
16 <creates the Utah Victim Services Commission (commission);
17 <addresses membership, appointment, terms, and vacancies for the commission;
18 <addresses expenses for members of the commission;
19 <addresses the procedure and structure of the commission, including the appointment
20of a chair, the election of a vice chair, and the establishment of subcommittees;
21 <provides the duties of the commission;
22 <addresses staffing of the commission;
23 <allows the commission to contract with a third party for certain services; and
24 <makes technical and conforming changes.
25Money Appropriated in this Bill:
26 This bill appropriates in fiscal year 2024:
27 <to Governor's Office - State Commission on Criminal and Juvenile Justice - Utah
*HB0244* H.B. 244 01-19-23 3:03 PM
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28Victim Services Commission, as an ongoing appropriation:
29 Cfrom the General Fund, $550,000; and
30 <to Governor's Office - State Commission on Criminal and Juvenile Justice - Utah
31Victim Services Commission, as a one-time appropriation:
32 Cfrom the General Fund, $500,000.
33Other Special Clauses:
34 None
35Utah Code Sections Affected:
36AMENDS:
37 63M-7-202, as last amended by Laws of Utah 2020, Chapter 354
38 63M-7-301, as last amended by Laws of Utah 2022, Chapter 255
39 63M-7-601, as last amended by Laws of Utah 2021, Chapter 172
40 63M-7-702, as enacted by Laws of Utah 2022, Chapter 145
41ENACTS:
42 63M-7-801, Utah Code Annotated 1953
43 63M-7-802, Utah Code Annotated 1953
44 63M-7-803, Utah Code Annotated 1953
45 63M-7-804, Utah Code Annotated 1953
46 63M-7-805, Utah Code Annotated 1953
47
48Be it enacted by the Legislature of the state of Utah:
49 Section 1. Section 63M-7-202 is amended to read:
50 63M-7-202. Composition -- Appointments -- Ex officio members -- Terms --
51United States Attorney as nonvoting member.
52 (1) The [commission on criminal and juvenile justice shall be composed of 25] State
53Commission on Criminal and Juvenile Justice is composed of 26 voting members as follows:
54 (a) the chief justice of the supreme court, as the presiding officer of the judicial
55council, or a judge designated by the chief justice;
56 (b) the state court administrator or the state court administrator's designee;
57 (c) the executive director of the Department of Corrections or the executive director's
58designee; 01-19-23 3:03 PM H.B. 244
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59 (d) the executive director of the [Department of Human Services] Department of
60Health and Human Services or the executive director's designee;
61 (e) the commissioner of the Department of Public Safety or the commissioner's
62designee;
63 (f) the attorney general or an attorney designated by the attorney general;
64 (g) the president of the chiefs of police association or a chief of police designated by
65the association's president;
66 (h) the president of the sheriffs' association or a sheriff designated by the association's
67president;
68 (i) the chair of the Board of Pardons and Parole or a member of the Board of Pardons
69and Parole designated by the chair;
70 (j) the chair of the Utah Sentencing Commission or a member of the Utah Sentencing
71Commission designated by the chair;
72 (k) the chair of the Utah Substance Use and Mental Health Advisory Council or a
73member of the Utah Substance Use and Mental Health Advisory Council designated by the
74chair;
75 (l) the chair of the Utah Board of Juvenile Justice or a member of the Utah Board of
76Juvenile Justice designated by the chair;
77 (m) the chair of the Utah Victim Services Commission or a member of the Utah Victim
78Services Commission designated by the chair;
79 [(m)] (n) the chair of the Utah Council on Victims of Crime or a member of the Utah
80Council on Victims of Crime designated by the chair;
81 [(n)] (o) the executive director of the Salt Lake Legal Defender Association or an
82attorney designated by the executive director;
83 [(o)] (p) the chair of the Utah Indigent Defense Commission or a member of the
84Indigent Defense Commission designated by the chair;
85 [(p)] (q) the Salt Lake County District Attorney or an attorney designated by the district
86attorney; and
87 [(q)] (r) the following members designated to serve four-year terms:
88 (i) a juvenile court judge, appointed by the chief justice, as presiding officer of the
89Judicial Council; H.B. 244 01-19-23 3:03 PM
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90 (ii) a representative of the statewide association of public attorneys designated by the
91association's officers;
92 (iii) one member of the House of Representatives who is appointed by the speaker of
93the House of Representatives; and
94 (iv) one member of the Senate who is appointed by the president of the Senate.
95 (2) The governor shall appoint the remaining five members to four-year staggered
96terms as follows:
97 (a) one criminal defense attorney appointed from a list of three nominees submitted by
98the Utah State Bar Association;
99 (b) one attorney who primarily represents juveniles in delinquency matters appointed
100from a list of three nominees submitted by the Utah Bar Association;
101 (c) one representative of public education;
102 (d) one citizen representative; and
103 (e) a representative from a local faith who has experience with the criminal justice
104system.
105 (3) In addition to the members designated under Subsections (1) and (2), the United
106States Attorney for the district of Utah or an attorney designated by the United States Attorney
107may serve as a nonvoting member.
108 (4) In appointing the members under Subsection (2), the governor shall take into
109account the geographical makeup of the commission.
110 Section 2. Section 63M-7-301 is amended to read:
111 63M-7-301. Definitions -- Creation of council -- Membership -- Terms.
112 (1) (a) As used in this part, "council" means the Utah Substance Use and Mental Health
113Advisory Council created in this section.
114 (b) There is created within the governor's office the Utah Substance Use and Mental
115Health Advisory Council.
116 (2) The council shall be comprised of the following voting members:
117 (a) the attorney general or the attorney general's designee;
118 (b) one elected county official appointed by the Utah Association of Counties;
119 (c) the commissioner of public safety or the commissioner's designee;
120 (d) the director of the Division of Integrated Healthcare or the director's designee; 01-19-23 3:03 PM H.B. 244
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121 (e) the state superintendent of public instruction or the superintendent's designee;
122 (f) the executive director of the Department of Health and Human Services or the
123executive director's designee;
124 (g) the executive director of the State Commission on Criminal and Juvenile Justice or
125the executive director's designee;
126 (h) the executive director of the Department of Corrections or the executive director's
127designee;
128 (i) the director of the Division of Juvenile Justice Services or the director's designee;
129 (j) the director of the Division of Child and Family Services or the director's designee;
130 (k) the chair of the Board of Pardons and Parole or the chair's designee;
131 (l) the director of the Office of Multicultural Affairs or the director's designee;
132 (m) the director of the Division of Indian Affairs or the director's designee;
133 (n) the state court administrator or the state court administrator's designee;
134 (o) one district court judge who presides over a drug court and who is appointed by the
135chief justice of the Utah Supreme Court;
136 (p) one district court judge who presides over a mental health court and who is
137appointed by the chief justice of the Utah Supreme Court;
138 (q) one juvenile court judge who presides over a drug court and who is appointed by
139the chief justice of the Utah Supreme Court;
140 (r) one prosecutor appointed by the Statewide Association of Prosecutors;
141 (s) the chair or co-chair of each committee established by the council;
142 (t) the chair or co-chair of the Statewide Suicide Prevention Coalition created under
143Subsection 62A-15-1101(2);
144 (u) one representative appointed by the Utah League of Cities and Towns to serve a
145four-year term;
146 (v) the chair of the Utah Victim Services Commission or the chair's designee;
147 [(v)] (w) the following members appointed by the governor to serve four-year terms:
148 (i) one resident of the state who has been personally affected by a substance use or
149mental health disorder; and
150 (ii) one citizen representative; and
151 [(w)] (x) in addition to the voting members described in Subsections (2)(a) through H.B. 244 01-19-23 3:03 PM
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152[(v)] (w), the following voting members appointed by a majority of the members described in
153Subsections (2)(a) through [(v)] (w) to serve four-year terms:
154 (i) one resident of the state who represents a statewide advocacy organization for
155recovery from substance use disorders;
156 (ii) one resident of the state who represents a statewide advocacy organization for
157recovery from mental illness;
158 (iii) one resident of the state who represents a statewide advocacy organization for
159protection of rights of individuals with a disability;
160 (iv) one resident of the state who represents prevention professionals;
161 (v) one resident of the state who represents treatment professionals;
162 (vi) one resident of the state who represents the physical health care field;
163 (vii) one resident of the state who is a criminal defense attorney;
164 (viii) one resident of the state who is a military servicemember or military veteran
165under Section 53B-8-102;
166 (ix) one resident of the state who represents local law enforcement agencies;
167 (x) one representative of private service providers that serve youth with substance use
168disorders or mental health disorders; and
169 (xi) one resident of the state who is certified by the Division of Integrated Healthcare
170as a peer support specialist as described in Subsection 62A-15-103(2)(h).
171 (3) An individual other than an individual described in Subsection (2) may not be
172appointed as a voting member of the council.
173 Section 3. Section 63M-7-601 is amended to read:
174 63M-7-601. Creation -- Members -- Chair.
175 (1) There is created within the governor's office the Utah Council on Victims of Crime.
176 (2) The council [shall be] is composed of [27] 28 voting members as follows:
177 (a) a representative of the State Commission on Criminal and Juvenile Justice
178appointed by the executive director;
179 (b) a representative of the Department of Corrections appointed by the executive
180director;
181 (c) a representative of the Board of Pardons and Parole appointed by the chair;
182 (d) a representative of the Department of Public Safety appointed by the commissioner; 01-19-23 3:03 PM H.B. 244
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183 (e) a representative of the Division of Juvenile Justice Services appointed by the
184director;
185 (f) a representative of the Utah Office for Victims of Crime appointed by the director;
186 (g) a representative of the Office of the Attorney General appointed by the attorney
187general;
188 (h) a representative of the United States Attorney for the district of Utah appointed by
189the United States Attorney;
190 (i) a representative of Utah's Native American community appointed by the director of
191the Division of Indian Affairs after input from federally recognized tribes in Utah;
192 (j) a professional or volunteer working in the area of violence against women and
193families appointed by the governor;
194 (k) a representative of the [Department of Health's] Department of Health and Human
195Services Violence and Injury Prevention Program appointed by the program's manager;
196 (l) the chair of each judicial district's victims' rights committee;
197 (m) a representative of the Statewide Association of Public Attorneys appointed by that
198association;
199 (n) a representative of the Utah Chiefs of Police Association appointed by the president
200of that association;
201 (o) a representative of the Utah Sheriffs' Association appointed by the president of that
202association;
203 (p) a representative of a Children's Justice Center appointed by the attorney general;
204 (q) the director of the Division of Child and Family Services or that individual's
205designee; [and]
206 (r) the chair of the Utah Victim Services Commission or the chair's designee; and
207 [(r)] (s) the following members appointed by the members in Subsections (2)(a)
208through [(2)(q)] (2)(r) to serve four-year terms:
209 (i) an individual who engages in community based advocacy;
210 (ii) a citizen representative; and
211 (iii) a citizen representative who has been a victim of crime.
212 (3) The council shall annually elect:
213 (a) one member to serve as chair; H.B. 244 01-19-23 3:03 PM
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214 (b) one member to serve as vice-chair; and
215 (c) one member to serve as treasurer.
216 Section 4. Section 63M-7-702 is amended to read:
217 63M-7-702. Domestic Violence Offender Treatment Board -- Creation --
218Membership -- Quorum -- Per diem -- Staff support -- Meetings.
219 (1) There is created within the commission the Domestic Violence Offender Treatment
220Board consisting of the following members:
221 (a) the executive director of the Department of Corrections, or the executive director's
222designee;
223 (b) the executive director of the Department of Health and Human Services, or the
224executive director's designee;
225 (c) one individual who represents a state program that focuses on prevention of injury
226and domestic violence appointed by the executive director of the Department of Health and
227Human Services;
228 (d) the commissioner of public safety for the Department of Public Safety, or the
229commissioner's designee;
230 (e) the chair of the Utah Victim Services Commission or the chair's designee;
231 [(e)] (f) the director of the Utah Office for Victims of Crime, or the director's designee;
232 [(f)] (g) the chair of the Board of Pardons and Parole, or the chair's designee;
233 [(g)] (h) the director of the Division of Juvenile Justice Services, or the director's
234designee;
235 [(h)] (i) one individual who represents the Administrative Office of the Courts
236appointed by the state court administrator; and
237 [(i)] (j) ten individuals appointed by the executive director of the commission,
238including:
239 (i) the following four individuals licensed under Title 58, Chapter 60, Mental Health
240Professional Practice Act:
241 (A) a clinical social worker;
242 (B) a marriage and family therapist;
243 (C) a professional counselor; and
244 (D) a psychologist; 01-19-23 3:03 PM H.B. 244
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245 (ii) one individual who represents an association of criminal defense attorneys;
246 (iii) one criminal defense attorney who primarily represents indigent criminal
247defendants;
248 (iv) one individual who represents an association of prosecuting attorneys;
249 (v) one individual who represents law enforcement;
250 (vi) one individual who represents an association of criminal justice victim advocates;
251and
252 (vii) one individual who represents a nonprofit organization that provides domestic
253violence victim advocate services.
254 (2) (a) A member may not serve on the board for more than eight consecutive years.
255 (b) If a vacancy occurs in the membership of the board appointed under Subsection (1),
256the member shall be replaced in the same manner in which the original appointment was made.
257 (c) A member of the board serves until the member's successor is appointed.
258 (3) The members of the board shall vote on a chair and co-chair of the board to serve
259for two years.
260 (4) (a) A majority of the board members constitutes a quorum.
261 (b) The action of a majority of a quorum constitutes an action of the board.
262 (5) A board member may not receive compensation or benefits for the member's
263service on the board, but may receive per diem and reimbursement for travel expenses incurred
264as a board member at the rates established by the Division of Finance under:
265 (a) Sections 63A-3-106 and 63A-3-107; and
266 (b) rules made by the Division of Finance under Sections 63A-3-106 and 63A-3-107.
267 (6) The commission shall provide staff support to the board.
268 (7) The board shall meet at least quarterly on a date the board sets.
269 Section 5. Section 63M-7-801 is enacted to read:
270 Part 8. Utah Victim Services Commission
271 63M-7-801. Definitions.
272 As used in this part:
273 (1) "Commission" means the Utah Victim Services Commission.
274 (2) "Member" means a member of the Utah Victim Services Commission.
275 (3) "State domestic violence coalition" means the same as that term is defined in 45 H.B. 244 01-19-23 3:03 PM
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276C.F.R. Sec. 1370.2.
277 (4) "State sexual assault coalition" means the same as that term is defined in 34 U.S.C.
278Sec. 12291.
279 (5) "Tribal coalition" means the same as that term is defined in 34 U.S.C. Sec. 12291.
280 Section 6. Section 63M-7-802 is enacted to read:
281 63M-7-802. Creation -- Membership -- Terms -- Vacancies -- Expenses.
282 (1) There is created the Utah Victim Services Commission within the State
283Commission on Criminal and Juvenile Justice.
284 (2) The commission is composed of the following members:
285 (a) the executive director of the State Commission on Criminal and Juvenile Justice or
286the executive director's designee;
287 (b) the director of the Utah Office for Victims of Crime or the director's designee;
288 (c) the executive director of the Department of Health and Human Services or the
289executive director's designee;
290 (d) the director of the Division of Multicultural Affairs or the director's designee;
291 (e) the executive director of the state sexual assault coalition for this state or the
292executive director's designee;
293 (f) the executive director of the state domestic violence coalition for this state or the
294executive director's designee;
295 (g) the executive director of the tribal coalition for this state or the executive director's
296designee;
297 (h) the director of the Children's Justice Center Program in the Office of the Attorney
298General or the director's designee;
299 (i) the chair of the Children's Justice Center Standing Committee or the chair's
300designee;
301 (j) the attorney general or the attorney general's designee;
302 (k) the commissioner of the Department of Public Safety or the commissioner's
303designee;
304 (l) a prosecuting attorney, appointed by the governor with the advice and consent of the
305Senate;
306 (m) a law enforcement representative from the Utah Sheriffs Association or Utah 01-19-23 3:03 PM H.B. 244
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307Chiefs of Police Association, appointed by the governor with the advice and consent of the
308Senate;
309 (n) an individual who is a victim of crime, appointed by the governor with the advice
310and consent of the Senate;
311 (o) one representative from the House of Representatives, appointed by the speaker of
312the House of Representatives; and
313 (p) one senator from the Senate, appointed by the president of the Senate.
314 (3) (a) A member appointed under Subsection (2)(l) through (p) shall serve a four-year
315term.
316 (b) A member appointed to serve a four-year term is eligible for reappointment.
317 (4) When a vacancy occurs in the membership of the commission for any reason, the
318replacement shall be appointed by the applicable appointing authority for the remainder of the
319unexpired term of the original appointment.
320 (5) Except as otherwise provided in Subsection (5), a member may not receive
321compensation for the member's service but may receive per diem and reimbursement for travel
322expenses incurred as a member at the rates established by:
323 (a) Section 63A-3-106;
324 (b) Section 63A-3-107; and
325 (c) rules made by the Division of Finance according to Sections 63A-3-106 and
32663A-3-107.
327 (6) A member may not receive per diem or reimbursement for travel expenses under
328Subsection (5) if the member is being paid by a governmental entity while performing the
329member's service on the commission.
330 Section 7. Section 63M-7-803 is enacted to read:
331 63M-7-803. Chair and vice chair -- Procedure -- Subcommittees.
332 (1) (a) Except as provided in Subsection (1)(b), the governor shall appoint, with the
333advice and consent of the Senate, a chair from among the membership of the commission.
334 (b) A member who is a legislator may not be appointed as a chair of the commission.
335 (c) The chair of the commission shall serve a two-year term.
336 (2) (a) The members of the commission shall elect a vice chair from among the
337membership of the commission. H.B. 244 01-19-23 3:03 PM
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338 (b) The vice chair of the commission shall serve a two-year term.
339 (c) A member who is a legislator may not be elected as vice chair of the commission.
340 (3) (a) A majority of the members of the commission constitutes a quorum.
341 (b) The action of a majority of a quorum constitutes the action of the commission.
342 (4) The commission shall meet quarterly or more frequently as determined necessary
343by the chair.
344 (5) The commission shall establish:
345 (a) a subcommittee focused on domestic violence that is co-chaired by:
346 (i) the executive director of the state domestic violence coalition for this state or the
347executive director's designee; and
348 (ii) the executive director of the tribal coalition for this state or the executive director's
349designee;
350 (b) a subcommittee focused on rape and sexual assault that is co-chaired by:
351 (i) the executive director of the state sexual assault coalition for this state or the
352executive director's designee; and
353 (ii) the executive director of the tribal coalition for this state or the executive director's
354designee;
355 (c) a subcommittee focused on child abuse that is chaired by the chair of the Children's
356Justice Center Standing Committee or the chair's designee;
357 (d) a subcommittee focused on multicultural communities with distinct victimization
358issues that is chaired by the director of Division of Multicultural Affairs or the director's
359designee; and
360 (e) any other subcommittee as needed to assist the commission in accomplishing the
361duties of the commission, including an executive subcommittee.
362 (6) Except as otherwise provided in Subsection (5), the commission may:
363 (a) appoint to a subcommittee any member of the commission or any other individual
364with subject-matter expertise that is relevant to a subcommittee's focus and purpose;
365 (b) appoint the chair of any subcommittee; and
366 (c) establish the focus and purpose of a subcommittee.
367 Section 8. Section 63M-7-804 is enacted to read:
368 63M-7-804. Duties of the commission -- Report. 01-19-23 3:03 PM H.B. 244
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369 (1) The commission shall, in partnership with state agencies and organizations,
370including the Children's Justice Center Program, the Utah Office for Victims of Crime, the
371Utah Council on Victims of Crime, and the Division of Child and Family Services:
372 (a) review and assess the duties and practices of the State Commission on Criminal and
373Juvenile Justice regarding services and criminal justice policies pertaining to victims;
374 (b) encourage and facilitate the development and coordination of trauma-informed
375services for crime victims throughout the state;
376 (c) encourage and foster public and private partnerships for the purpose of:
377 (i) assessing needs for crime victim services throughout the state;
378 (ii) developing crime victim services and resources throughout the state; and
379 (iii) coordinating crime victim services and resources throughout the state;
380 (d) generate unity for ongoing efforts to reduce and eliminate the impact of crime on
381victims through a comprehensive and evidence-based prevention, treatment, and justice
382strategy;
383 (e) recommend and support the creation, dissemination, and implementation of
384statewide policies and plans to address crimes, including domestic violence, sexual violence,
385child abuse, and driving under the influence of drugs and alcohol;
386 (f) develop a systematic process and clearinghouse for the collection and dissemination
387of data on domestic violence and sexual violence;
388 (g) collect information on statewide funding for crime victim services and prevention
389efforts, including the sources, disbursement, and outcomes of statewide funding for crime
390victim services and prevention efforts;
391 (h) consider recommendations from any subcommittee of the commission; and
392 (i) make recommendations regarding:
393 (i) the duties and practices of the State Commission on Criminal and Juvenile Justice
394to ensure that:
395 (A) crime victims are a vital part of the criminal justice system of the state;
396 (B) all crime victims and witnesses are treated with dignity, respect, courtesy, and
397sensitivity; and
398 (C) the rights of crime victims and witnesses are honored and protected by law in a
399manner no less vigorous than protections afforded to criminal defendants; and H.B. 244 01-19-23 3:03 PM
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400 (ii) statewide funding for crime victim services and prevention efforts.
401 (2) The commission shall report the commission's recommendations annually to the
402State Commission on Criminal and Juvenile Justice, the governor, the Judicial Council, the
403Executive Offices and Criminal Justice Appropriations Subcommittee, the Health and Human
404Services Interim Committee, the Judiciary Interim Committee, and the Law Enforcement and
405Criminal Justice Interim Committee.
406 (3) When taking an action or making a recommendation, the commission shall respect
407that a state agency is bound to follow state law and may have duties or responsibilities imposed
408by state law.
409 Section 9. Section 63M-7-805 is enacted to read:
410 63M-7-805. Staff -- Contract with third party.
411 (1) The State Commission on Criminal and Juvenile Justice shall provide staff to the
412commission and to any subcommittee of the commission.
413 (2) The commission may contract with a third party to assist the commission with
414reviewing and providing recommendations on:
415 (a) the best practices and policies for crime victim services;
416 (b) the structure and membership of the commission;
417 (c) the purpose and duties of the commission, including any overlapping duties that the
418commission has with another state office, board, or commission;
419 (d) the funding for crime victim services in this state, including the need for funding,
420the management of state funds for crime victim services, and the implementation of
421accountability and performance measures; and
422 (e) any other issue related to the duties of the commission that the third party may
423provide assistance.
424 Section 10. Appropriation.
425 The following sums of money are appropriated for the fiscal year beginning July 1,
4262023, and ending June 30, 2024. These are additions to amounts previously appropriated for
427fiscal year 2024. Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures
428Act, the Legislature appropriates the following sums of money from the funds or accounts
429indicated for the use and support of the government of the state of Utah.
430ITEM 1 01-19-23 3:03 PM H.B. 244
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431 To Governor's Office - State Commission on Criminal and Juvenile Justice
432 From General Fund 550,000
433 Schedule of Programs:
434 Utah Victim Services Commission 550,000
435 The Legislature intends that the State Commission on Criminal and Juvenile Justice use
436the funds appropriated under this item to staff the Utah Victims Services Commission.
437ITEM 2
438 To Governor's Office - State Commission on Criminal and Juvenile Justice
439 From General Fund, One-time 500,000
440 Schedule of Programs:
441 Utah Victim Services Commission 500,000
442 The Legislature intends that the Utah Victim Services Commission use funds
443appropriated under this item to hire a third party to assist the Utah Victim Services
444Commission in accordance with Subsection 63M-7-805(2).