Utah 2023 2023 Regular Session

Utah House Bill HB0244 Introduced / Bill

Filed 02/16/2023

                    3rd Sub. H.B. 244
LEGISLATIVE GENERAL COUNSEL
6 Approved for Filing: J. Carlton  6
6   02-16-23  8:43 AM    6
H.B. 244
3rd Sub. (Cherry)
Representative Ken Ivory proposes the following substitute bill:
1 UTAH VICTIM SERVICES COMMISSION AND VICTIM SERVICES
2	2023 GENERAL SESSION
3	STATE OF UTAH
4	Chief Sponsor:  Ken Ivory
5	Senate Sponsor: Michael S. Kennedy
6 
7LONG TITLE
8General Description:
9 This bill addresses the Utah Victim Services Commission and victim services.
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 Victim Services Restricted Account;
17 <addresses the funding and distribution of the Victim Services Restricted Account;
18 <creates the Utah Victim Services Commission (commission);
19 <addresses membership, appointment, terms, and vacancies for the commission;
20 <addresses expenses for members of the commission;
21 <addresses the procedure and structure of the commission, including the appointment
22of a chair, the election of a vice chair, and the establishment of subcommittees;
23 <provides the duties of the commission, including the duties of the commission in
24regard to the Victim Services Restricted Account;
25 <addresses staffing of the commission;
*HB0244S03* 3rd Sub. (Cherry) H.B. 244	02-16-23 8:43 AM
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26 <allows the commission to contract with a third party for certain services; and
27 <makes technical and conforming changes.
28Money Appropriated in this Bill:
29 This bill appropriates in fiscal year 2024:
30 <to Governor's Office - State Commission on Criminal and Juvenile Justice - Utah
31Victim Services Commission, as an ongoing appropriation:
32 Cfrom the General Fund, $550,000; and
33 <to Governor's Office - State Commission on Criminal and Juvenile Justice - Utah
34Victim Services Commission, as a one-time appropriation:
35 Cfrom the General Fund, $500,000.
36Other Special Clauses:
37 None
38Utah Code Sections Affected:
39AMENDS:
40 63M-7-202, as last amended by Laws of Utah 2020, Chapter 354
41 63M-7-301, as last amended by Laws of Utah 2022, Chapter 255
42 63M-7-601, as last amended by Laws of Utah 2021, Chapter 172
43 63M-7-702, as enacted by Laws of Utah 2022, Chapter 145
44ENACTS:
45 63M-7-219, Utah Code Annotated 1953
46 63M-7-801, Utah Code Annotated 1953
47 63M-7-802, Utah Code Annotated 1953
48 63M-7-803, Utah Code Annotated 1953
49 63M-7-804, Utah Code Annotated 1953
50 63M-7-805, Utah Code Annotated 1953
51 
52Be it enacted by the Legislature of the state of Utah:
53 Section 1.  Section 63M-7-202 is amended to read:
54 63M-7-202.  Composition -- Appointments -- Ex officio members -- Terms --
55United States Attorney as nonvoting member.
56 (1)  The [commission on criminal and juvenile justice shall be composed of 25] State 02-16-23 8:43 AM	3rd Sub. (Cherry) H.B. 244
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57Commission on Criminal and Juvenile Justice is composed of 26 voting members as follows:
58 (a)  the chief justice of the supreme court, as the presiding officer of the judicial
59council, or a judge designated by the chief justice;
60 (b)  the state court administrator or the state court administrator's designee;
61 (c)  the executive director of the Department of Corrections or the executive director's
62designee;
63 (d)  the executive director of the [Department of Human Services] Department of
64Health and Human Services or the executive director's designee;
65 (e)  the commissioner of the Department of Public Safety or the commissioner's
66designee;
67 (f)  the attorney general or an attorney designated by the attorney general;
68 (g)  the president of the chiefs of police association or a chief of police designated by
69the association's president;
70 (h)  the president of the sheriffs' association or a sheriff designated by the association's
71president;
72 (i)  the chair of the Board of Pardons and Parole or a member of the Board of Pardons
73and Parole designated by the chair;
74 (j)  the chair of the Utah Sentencing Commission or a member of the Utah Sentencing
75Commission designated by the chair;
76 (k)  the chair of the Utah Substance Use and Mental Health Advisory Council or a
77member of the Utah Substance Use and Mental Health Advisory Council designated by the
78chair;
79 (l)  the chair of the Utah Board of Juvenile Justice or a member of the Utah Board of
80Juvenile Justice designated by the chair;
81 (m)  the chair of the Utah Victim Services Commission or a member of the Utah Victim
82Services Commission designated by the chair;
83 [(m)] (n)  the chair of the Utah Council on Victims of Crime or a member of the Utah
84Council on Victims of Crime designated by the chair;
85 [(n)] (o)  the executive director of the Salt Lake Legal Defender Association or an
86attorney designated by the executive director;
87 [(o)] (p)  the chair of the Utah Indigent Defense Commission or a member of the 3rd Sub. (Cherry) H.B. 244	02-16-23 8:43 AM
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88Indigent Defense Commission designated by the chair;
89 [(p)] (q)  the Salt Lake County District Attorney or an attorney designated by the district
90attorney; and
91 [(q)] (r)  the following members designated to serve four-year terms:
92 (i)  a juvenile court judge, appointed by the chief justice, as presiding officer of the
93Judicial Council;
94 (ii)  a representative of the statewide association of public attorneys designated by the
95association's officers;
96 (iii)  one member of the House of Representatives who is appointed by the speaker of
97the House of Representatives; and
98 (iv)  one member of the Senate who is appointed by the president of the Senate.
99 (2)  The governor shall appoint the remaining five members to four-year staggered
100terms as follows:
101 (a)  one criminal defense attorney appointed from a list of three nominees submitted by
102the Utah State Bar Association;
103 (b)  one attorney who primarily represents juveniles in delinquency matters appointed
104from a list of three nominees submitted by the Utah Bar Association;
105 (c)  one representative of public education;
106 (d)  one citizen representative; and
107 (e)  a representative from a local faith who has experience with the criminal justice
108system.
109 (3)  In addition to the members designated under Subsections (1) and (2), the United
110States Attorney for the district of Utah or an attorney designated by the United States Attorney
111may serve as a nonvoting member.
112 (4)  In appointing the members under Subsection (2), the governor shall take into
113account the geographical makeup of the commission.
114 Section 2.  Section 63M-7-219 is enacted to read:
115 63M-7-219. Victim Services Restricted Account -- Funding -- Uses.
116 (1)  There is created in the General Fund a restricted account known as the "Victim
117Services Restricted Account."
118 (2)  The Victim Services Restricted Account is funded by: 02-16-23 8:43 AM	3rd Sub. (Cherry) H.B. 244
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119 (a)  money appropriated to the account by the Legislature;
120 (b)  gifts, donations, or grants from private entities or individuals; and
121 (c)  interest earned on money in the account.
122 (3)  Subject to appropriation, the Legislature shall use the funds in the Victim Services
123Restricted Account to fund services for victims, including using funds for:
124 (a)  services provided by Children's Justice Centers;
125 (b)  services for sexual assault and domestic violence victims;
126 (c)  services recommended by the Utah Victim Services Commission under Section
12763M-7-804; or
128 (d)  any administrative costs associated with implementing victim services.
129 Section 3.  Section 63M-7-301 is amended to read:
130 63M-7-301.  Definitions -- Creation of council -- Membership -- Terms.
131 (1) (a)  As used in this part, "council" means the Utah Substance Use and Mental Health
132Advisory Council created in this section.
133 (b)  There is created within the governor's office the Utah Substance Use and Mental
134Health Advisory Council.
135 (2)  The council shall be comprised of the following voting members:
136 (a)  the attorney general or the attorney general's designee;
137 (b)  one elected county official appointed by the Utah Association of Counties;
138 (c)  the commissioner of public safety or the commissioner's designee;
139 (d)  the director of the Division of Integrated Healthcare or the director's designee;
140 (e)  the state superintendent of public instruction or the superintendent's designee;
141 (f)  the executive director of the Department of Health and Human Services or the
142executive director's designee;
143 (g)  the executive director of the State Commission on Criminal and Juvenile Justice or
144the executive director's designee;
145 (h)  the executive director of the Department of Corrections or the executive director's
146designee;
147 (i)  the director of the Division of Juvenile Justice Services or the director's designee;
148 (j)  the director of the Division of Child and Family Services or the director's designee;
149 (k)  the chair of the Board of Pardons and Parole or the chair's designee; 3rd Sub. (Cherry) H.B. 244	02-16-23 8:43 AM
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150 (l)  the director of the Office of Multicultural Affairs or the director's designee;
151 (m)  the director of the Division of Indian Affairs or the director's designee;
152 (n)  the state court administrator or the state court administrator's designee;
153 (o)  one district court judge who presides over a drug court and who is appointed by the
154chief justice of the Utah Supreme Court;
155 (p)  one district court judge who presides over a mental health court and who is
156appointed by the chief justice of the Utah Supreme Court;
157 (q)  one juvenile court judge who presides over a drug court and who is appointed by
158the chief justice of the Utah Supreme Court;
159 (r)  one prosecutor appointed by the Statewide Association of Prosecutors;
160 (s)  the chair or co-chair of each committee established by the council;
161 (t)  the chair or co-chair of the Statewide Suicide Prevention Coalition created under
162Subsection 62A-15-1101(2);
163 (u)  one representative appointed by the Utah League of Cities and Towns to serve a
164four-year term;
165 (v)  the chair of the Utah Victim Services Commission or the chair's designee;
166 [(v)] (w)  the following members appointed by the governor to serve four-year terms:
167 (i)  one resident of the state who has been personally affected by a substance use or
168mental health disorder; and
169 (ii)  one citizen representative; and
170 [(w)] (x) in addition to the voting members described in Subsections (2)(a) through
171[(v)] (w), the following voting members appointed by a majority of the members described in
172Subsections (2)(a) through [(v)] (w) to serve four-year terms:
173 (i)  one resident of the state who represents a statewide advocacy organization for
174recovery from substance use disorders;
175 (ii)  one resident of the state who represents a statewide advocacy organization for
176recovery from mental illness;
177 (iii)  one resident of the state who represents a statewide advocacy organization for
178protection of rights of individuals with a disability;
179 (iv)  one resident of the state who represents prevention professionals;
180 (v)  one resident of the state who represents treatment professionals; 02-16-23 8:43 AM	3rd Sub. (Cherry) H.B. 244
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181 (vi)  one resident of the state who represents the physical health care field;
182 (vii)  one resident of the state who is a criminal defense attorney;
183 (viii)  one resident of the state who is a military servicemember or military veteran
184under Section 53B-8-102;
185 (ix)  one resident of the state who represents local law enforcement agencies;
186 (x)  one representative of private service providers that serve youth with substance use
187disorders or mental health disorders; and
188 (xi)  one resident of the state who is certified by the Division of Integrated Healthcare
189as a peer support specialist as described in Subsection 62A-15-103(2)(h).
190 (3)  An individual other than an individual described in Subsection (2) may not be
191appointed as a voting member of the council.
192 Section 4.  Section 63M-7-601 is amended to read:
193 63M-7-601.  Creation -- Members -- Chair.
194 (1)  There is created within the governor's office the Utah Council on Victims of Crime.
195 (2)  The council [shall be] is composed of [27] 28 voting members as follows:
196 (a)  a representative of the State Commission on Criminal and Juvenile Justice
197appointed by the executive director;
198 (b)  a representative of the Department of Corrections appointed by the executive
199director;
200 (c)  a representative of the Board of Pardons and Parole appointed by the chair;
201 (d)  a representative of the Department of Public Safety appointed by the commissioner;
202 (e)  a representative of the Division of Juvenile Justice Services appointed by the
203director;
204 (f)  a representative of the Utah Office for Victims of Crime appointed by the director;
205 (g)  a representative of the Office of the Attorney General appointed by the attorney
206general;
207 (h)  a representative of the United States Attorney for the district of Utah appointed by
208the United States Attorney;
209 (i)  a representative of Utah's Native American community appointed by the director of
210the Division of Indian Affairs after input from federally recognized tribes in Utah;
211 (j)  a professional or volunteer working in the area of violence against women and 3rd Sub. (Cherry) H.B. 244	02-16-23 8:43 AM
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212families appointed by the governor;
213 (k)  a representative of the [Department of Health's] Department of Health and Human
214Services Violence and Injury Prevention Program appointed by the program's manager;
215 (l)  the chair of each judicial district's victims' rights committee;
216 (m)  a representative of the Statewide Association of Public Attorneys appointed by that
217association;
218 (n)  a representative of the Utah Chiefs of Police Association appointed by the president
219of that association;
220 (o)  a representative of the Utah Sheriffs' Association appointed by the president of that
221association;
222 (p)  a representative of a Children's Justice Center appointed by the attorney general;
223 (q)  the director of the Division of Child and Family Services or that individual's
224designee; [and]
225 (r)  the chair of the Utah Victim Services Commission or the chair's designee; and
226 [(r)] (s)  the following members appointed by the members in Subsections (2)(a)
227through [(2)(q)] (2)(r) to serve four-year terms:
228 (i)  an individual who engages in community based advocacy;
229 (ii)  a citizen representative; and
230 (iii)  a citizen representative who has been a victim of crime.
231 (3)  The council shall annually elect:
232 (a)  one member to serve as chair;
233 (b)  one member to serve as vice-chair; and
234 (c)  one member to serve as treasurer.
235 Section 5.  Section 63M-7-702 is amended to read:
236 63M-7-702.  Domestic Violence Offender Treatment Board -- Creation --
237Membership -- Quorum -- Per diem -- Staff support -- Meetings.
238 (1)  There is created within the commission the Domestic Violence Offender Treatment
239Board consisting of the following members:
240 (a)  the executive director of the Department of Corrections, or the executive director's
241designee;
242 (b)  the executive director of the Department of Health and Human Services, or the 02-16-23 8:43 AM	3rd Sub. (Cherry) H.B. 244
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243executive director's designee;
244 (c)  one individual who represents a state program that focuses on prevention of injury
245and domestic violence appointed by the executive director of the Department of Health and
246Human Services;
247 (d)  the commissioner of public safety for the Department of Public Safety, or the
248commissioner's designee;
249 (e)  the chair of the Utah Victim Services Commission or the chair's designee;
250 [(e)] (f)  the director of the Utah Office for Victims of Crime, or the director's designee;
251 [(f)] (g)  the chair of the Board of Pardons and Parole, or the chair's designee;
252 [(g)] (h)  the director of the Division of Juvenile Justice Services, or the director's
253designee;
254 [(h)] (i)  one individual who represents the Administrative Office of the Courts
255appointed by the state court administrator; and
256 [(i)] (j)  ten individuals appointed by the executive director of the commission,
257including:
258 (i)  the following four individuals licensed under Title 58, Chapter 60, Mental Health
259Professional Practice Act:
260 (A)  a clinical social worker;
261 (B)  a marriage and family therapist;
262 (C)  a professional counselor; and
263 (D)  a psychologist;
264 (ii)  one individual who represents an association of criminal defense attorneys;
265 (iii)  one criminal defense attorney who primarily represents indigent criminal
266defendants;
267 (iv)  one individual who represents an association of prosecuting attorneys;
268 (v)  one individual who represents law enforcement;
269 (vi)  one individual who represents an association of criminal justice victim advocates;
270and
271 (vii)  one individual who represents a nonprofit organization that provides domestic
272violence victim advocate services.
273 (2) (a)  A member may not serve on the board for more than eight consecutive years. 3rd Sub. (Cherry) H.B. 244	02-16-23 8:43 AM
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274 (b)  If a vacancy occurs in the membership of the board appointed under Subsection (1),
275the member shall be replaced in the same manner in which the original appointment was made.
276 (c)  A member of the board serves until the member's successor is appointed.
277 (3)  The members of the board shall vote on a chair and co-chair of the board to serve
278for two years.
279 (4) (a)  A majority of the board members constitutes a quorum.
280 (b)  The action of a majority of a quorum constitutes an action of the board.
281 (5)  A board member may not receive compensation or benefits for the member's
282service on the board, but may receive per diem and reimbursement for travel expenses incurred
283as a board member at the rates established by the Division of Finance under:
284 (a)  Sections 63A-3-106 and 63A-3-107; and
285 (b)  rules made by the Division of Finance under Sections 63A-3-106 and 63A-3-107.
286 (6)  The commission shall provide staff support to the board.
287 (7)  The board shall meet at least quarterly on a date the board sets.
288 Section 6.  Section 63M-7-801 is enacted to read:
289	Part 8. Utah Victim Services Commission
290 63M-7-801. Definitions.
291 As used in this part:
292 (1)  "Commission" means the Utah Victim Services Commission.
293 (2)  "Criminal justice system victim advocate" means the same as that term is defined in
294Section 77-38-403.
295 (3)  "Member" means a member of the Utah Victim Services Commission.
296 (4)  "State domestic violence coalition" means the same as that term is defined in 45
297C.F.R. Sec. 1370.2.
298 (5)  "State sexual assault coalition" means the same as that term is defined in 34 U.S.C.
299Sec. 12291.
300 (6)  "Tribal coalition" means the same as that term is defined in 34 U.S.C. Sec. 12291.
301 (7)  "Victim Services Restricted Account" means the account created in Section
30263M-7-219.
303 Section 7.  Section 63M-7-802 is enacted to read:
304 63M-7-802. Creation -- Membership -- Terms -- Vacancies -- Expenses. 02-16-23 8:43 AM	3rd Sub. (Cherry) H.B. 244
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305 (1)  There is created the Utah Victim Services Commission within the State
306Commission on Criminal and Juvenile Justice.
307 (2)  The commission is composed of the following members:
308 (a)  the executive director of the State Commission on Criminal and Juvenile Justice or
309the executive director's designee;
310 (b)  the director of the Utah Office for Victims of Crime or the director's designee;
311 (c)  the executive director of the Department of Health and Human Services or the
312executive director's designee;
313 (d)  the executive director of the Department of Corrections or the executive director's
314designee;
315 (e)  the director of the Division of Multicultural Affairs or the director's designee;
316 (f)  the executive director of the state sexual assault coalition for this state or the
317executive director's designee;
318 (g)  the executive director of the state domestic violence coalition for this state or the
319executive director's designee;
320 (h)  the executive director of the tribal coalition for this state or the executive director's
321designee;
322 (i)  the director of the Children's Justice Center Program in the Office of the Attorney
323General or the director's designee;
324 (j)  the chair of the Children's Justice Center Standing Committee or the chair's
325designee;
326 (k)  the attorney general or the attorney general's designee;
327 (l)  the commissioner of the Department of Public Safety or the commissioner's
328designee;
329 (m)  a criminal justice system based advocate, appointed by the governor with the
330advice and consent of the Senate;
331 (n)  a prosecuting attorney, appointed by the governor with the advice and consent of
332the Senate;
333 (o)  a criminal defense attorney, appointed by the governor with the advice and consent
334of the Senate;
335 (p)  an indigent defense attorney, appointed by the governor with the advice and consent 3rd Sub. (Cherry) H.B. 244	02-16-23 8:43 AM
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336of the Senate;
337 (q)  a law enforcement representative from the Utah Sheriffs Association or Utah Chiefs
338of Police Association, appointed by the governor with the advice and consent of the Senate;
339 (r)  an individual who is a victim of crime, appointed by the governor with the advice
340and consent of the Senate;
341 (s)  an individual who is a current or former representative from the House of
342Representatives or has experience or expertise with the legislative process, appointed by the
343speaker of the House of Representatives; and
344 (t)  an individual who is a current or former senator from the Senate or has experience
345or expertise with the legislative process, appointed by the president of the Senate.
346 (3) (a)  A member appointed under Subsections (2)(m) through (t) shall serve a
347four-year term.
348 (b)  A member appointed to serve a four-year term is eligible for reappointment.
349 (4)  When a vacancy occurs in the membership of the commission for any reason, the
350replacement shall be appointed by the applicable appointing authority for the remainder of the
351unexpired term of the original appointment.
352 (5)  Except as otherwise provided in Subsection (5), a member may not receive
353compensation for the member's service but may receive per diem and reimbursement for travel
354expenses incurred as a member at the rates established by:
355 (a)  Section 63A-3-106;
356 (b)  Section 63A-3-107; and
357 (c)  rules made by the Division of Finance according to Sections 63A-3-106 and
35863A-3-107.
359 (6)  A member may not receive per diem or reimbursement for travel expenses under
360Subsection (5) if the member is being paid by a governmental entity while performing the
361member's service on the commission.
362 Section 8.  Section 63M-7-803 is enacted to read:
363 63M-7-803. Chair and vice chair -- Procedure -- Subcommittees.
364 (1) (a)  Except as provided in Subsection (1)(b), the governor shall appoint, with the
365advice and consent of the Senate, a chair from among the membership of the commission.
366 (b)  A member who is a legislator may not be appointed as the chair of the commission. 02-16-23 8:43 AM	3rd Sub. (Cherry) H.B. 244
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367 (c)  The chair of the commission shall serve a two-year term.
368 (2) (a)  The members of the commission shall elect a vice chair from among the
369membership of the commission.
370 (b)  The vice chair of the commission shall serve a two-year term.
371 (c)  A member who is a legislator may not be elected as the vice chair of the
372commission.
373 (3) (a)  A majority of the members of the commission constitutes a quorum.
374 (b)  The action of a majority of a quorum constitutes the action of the commission.
375 (4)  The commission shall meet quarterly or more frequently as determined necessary
376by the chair.
377 (5)  The commission shall establish:
378 (a)  a subcommittee focused on domestic violence that is co-chaired by:
379 (i)  the executive director of the state domestic violence coalition for this state or the
380executive director's designee; and
381 (ii)  the executive director of the tribal coalition for this state or the executive director's
382designee;
383 (b)  a subcommittee focused on rape and sexual assault that is co-chaired by:
384 (i)  the executive director of the state sexual assault coalition for this state or the
385executive director's designee; and
386 (ii)  the executive director of the tribal coalition for this state or the executive director's
387designee;
388 (c)  a subcommittee focused on child abuse that is chaired by the chair of the Children's
389Justice Center Standing Committee or the chair's designee;
390 (d)  a subcommittee focused on multicultural communities with distinct victimization
391issues that is chaired by the director of Division of Multicultural Affairs or the director's
392designee; and
393 (e)  any other subcommittee as needed to assist the commission in accomplishing the
394duties of the commission, including an executive subcommittee.
395 (6)  Except as otherwise provided in Subsection (5), the commission may:
396 (a)  appoint to a subcommittee any member of the commission or any other individual
397with subject-matter expertise that is relevant to a subcommittee's focus and purpose; 3rd Sub. (Cherry) H.B. 244	02-16-23 8:43 AM
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398 (b)  appoint the chair of any subcommittee; and
399 (c)  establish the focus and purpose of a subcommittee.
400 Section 9.  Section 63M-7-804 is enacted to read:
401 63M-7-804. Duties of the commission -- Report.
402 (1)  The commission shall, in partnership with state agencies and organizations,
403including the Children's Justice Center Program, the Utah Office for Victims of Crime, the
404Utah Council on Victims of Crime, and the Division of Child and Family Services:
405 (a)  review and assess the duties and practices of the State Commission on Criminal and
406Juvenile Justice regarding services and criminal justice policies pertaining to victims;
407 (b)  encourage and facilitate the development and coordination of trauma-informed
408services for crime victims throughout the state;
409 (c)  encourage and foster public and private partnerships for the purpose of:
410 (i)  assessing needs for crime victim services throughout the state;
411 (ii)  developing crime victim services and resources throughout the state; and
412 (iii)  coordinating crime victim services and resources throughout the state;
413 (d)  generate unity for ongoing efforts to reduce and eliminate the impact of crime on
414victims through a comprehensive and evidence-based prevention, treatment, and justice
415strategy;
416 (e)  recommend and support the creation, dissemination, and implementation of
417statewide policies and plans to address crimes, including domestic violence, sexual violence,
418child abuse, and driving under the influence of drugs and alcohol;
419 (f)  develop a systematic process and clearinghouse for the collection and dissemination
420of data on domestic violence and sexual violence;
421 (g)  collect information on statewide funding for crime victim services and prevention
422efforts, including the sources, disbursement, and outcomes of statewide funding for crime
423victim services and prevention efforts;
424 (h)  consider recommendations from any subcommittee of the commission; and
425 (i)  make recommendations regarding:
426 (i)  the duties and practices of the State Commission on Criminal and Juvenile Justice
427to ensure that:
428 (A)  crime victims are a vital part of the criminal justice system of the state; 02-16-23 8:43 AM	3rd Sub. (Cherry) H.B. 244
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429 (B)  all crime victims and witnesses are treated with dignity, respect, courtesy, and
430sensitivity; and
431 (C)  the rights of crime victims and witnesses are honored and protected by law in a
432manner no less vigorous than protections afforded to criminal defendants; and
433 (ii)  statewide funding for crime victim services and prevention efforts.
434 (2)  The commission may recommend to the State Commission on Criminal and
435Juvenile Justice the services to be funded by the Victim Services Restricted Account.
436 (3)  The commission shall report the commission's recommendations annually to the
437State Commission on Criminal and Juvenile Justice, the governor, the Judicial Council, the
438Executive Offices and Criminal Justice Appropriations Subcommittee, the Health and Human
439Services Interim Committee, the Judiciary Interim Committee, and the Law Enforcement and
440Criminal Justice Interim Committee.
441 (4)  When taking an action or making a recommendation, the commission shall respect
442that a state agency is bound to follow state law and may have duties or responsibilities imposed
443by state law.
444 Section 10.  Section 63M-7-805 is enacted to read:
445 63M-7-805. Staff -- Contract with third party.
446 (1)  The State Commission on Criminal and Juvenile Justice shall provide staff to the
447commission and to any subcommittee of the commission.
448 (2)  The commission may contract with a third party to assist the commission with
449reviewing and providing recommendations on:
450 (a)  the best practices and policies for crime victim services;
451 (b)  the structure and membership of the commission;
452 (c)  the purpose and duties of the commission, including any overlapping duties that the
453commission has with another state office, board, or commission;
454 (d)  the funding for crime victim services in this state, including the need for funding,
455the management of state funds for crime victim services, and the implementation of
456accountability and performance measures; and
457 (e)  any other issue related to the duties of the commission that the third party may
458provide assistance.
459 Section 11.  Appropriation. 3rd Sub. (Cherry) H.B. 244	02-16-23 8:43 AM
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460 The following sums of money are appropriated for the fiscal year beginning July 1,
4612023, and ending June 30, 2024. These are additions to amounts previously appropriated for
462fiscal year 2024. Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures
463Act, the Legislature appropriates the following sums of money from the funds or accounts
464indicated for the use and support of the government of the state of Utah.
465ITEM 1
466To Governor's Office - State Commission on Criminal and Juvenile Justice
467 From General Fund	550,000
468 Schedule of Programs:
469	Utah Victim Services Commission	550,000
470 The Legislature intends that the State Commission on Criminal and Juvenile Justice use
471the funds appropriated under this item to staff the Utah Victims Services Commission.
472ITEM 2
473To Governor's Office - State Commission on Criminal and Juvenile Justice
474 From General Fund, One-time	500,000
475 Schedule of Programs:
476	Utah Victim Services Commission	500,000
477 The Legislature intends that the Utah Victim Services Commission use funds
478appropriated under this item to hire a third party to assist the Utah Victim Services
479Commission in accordance with Subsection 63M-7-805(2).