Utah 2023 Regular Session

Utah House Bill HB0244 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	Enrolled Copy H.B. 244
	1	+	4th Sub. H.B. 244
	2	+	LEGISLATIVE GENERAL COUNSEL
	3	+	6 Approved for Filing: J. Carlton 6
	4	+	6 02-21-23 1:52 PM 6
	5	+	H.B. 244
	6	+	4th Sub. (Green)
	7	+	Senator Michael S. Kennedy proposes the following substitute bill:
2	8		1 UTAH VICTIM SERVICES COMMISSION AND VICTIM SERVICES
3	9		2 2023 GENERAL SESSION
4	10		3 STATE OF UTAH
5	11		4 Chief Sponsor: Ken Ivory
6	12		5 Senate Sponsor: Michael S. Kennedy
7	13		6
8	14		7LONG TITLE
9	15		8General Description:
10	16		9 This bill addresses the Utah Victim Services Commission and victim services.
11	17		10Highlighted Provisions:
12	18		11 This bill:
13	19		12 <modifies the membership of the State Commission on Criminal and Juvenile
14	20		13Justice, the Utah Substance Use and Mental Health Advisory Council, the Utah
15	21		14Council on Victims of Crime, and the Domestic Violence Offender Treatment
16	22		15Board;
17	23		16 <creates the Victim Services Restricted Account;
18	24		17 <addresses the funding and distribution of the Victim Services Restricted Account;
19	25		18 <creates the Utah Victim Services Commission (commission);
20	26		19 <addresses membership, appointment, terms, and vacancies for the commission;
21	27		20 <addresses expenses for members of the commission;
22	28		21 <addresses the procedure and structure of the commission, including the appointment
23	29		22of a chair, the election of a vice chair, and the establishment of subcommittees;
24	30		23 <provides the duties of the commission, including the duties of the commission in
25	31		24regard to the Victim Services Restricted Account;
26	32		25 <addresses staffing of the commission;
	33	+	HB0244S04 4th Sub. (Green) H.B. 244 02-21-23 1:52 PM
	34	+	- 2 -
27	35		26 <allows the commission to contract with a third party for certain services; and
28	36		27 <makes technical and conforming changes.
29	37		28Money Appropriated in this Bill:
30		-	29 This bill appropriates in fiscal year 2024: H.B. 244 Enrolled Copy
31		-	- 2 -
	38	+	29 This bill appropriates in fiscal year 2024:
32	39		30 <to Governor's Office - State Commission on Criminal and Juvenile Justice - Utah
33	40		31Victim Services Commission, as an ongoing appropriation:
34	41		32 Cfrom the General Fund, $550,000; and
35	42		33 <to Governor's Office - State Commission on Criminal and Juvenile Justice - Utah
36	43		34Victim Services Commission, as a one-time appropriation:
37	44		35 Cfrom the General Fund, $500,000.
38	45		36Other Special Clauses:
39	46		37 None
40	47		38Utah Code Sections Affected:
41	48		39AMENDS:
42	49		40 63M-7-202, as last amended by Laws of Utah 2020, Chapter 354
43	50		41 63M-7-301, as last amended by Laws of Utah 2022, Chapter 255
44	51		42 63M-7-601, as last amended by Laws of Utah 2021, Chapter 172
45	52		43 63M-7-702, as enacted by Laws of Utah 2022, Chapter 145
46	53		44ENACTS:
47	54		45 63M-7-219, Utah Code Annotated 1953
48	55		46 63M-7-801, Utah Code Annotated 1953
49	56		47 63M-7-802, Utah Code Annotated 1953
50	57		48 63M-7-803, Utah Code Annotated 1953
51	58		49 63M-7-804, Utah Code Annotated 1953
52	59		50 63M-7-805, Utah Code Annotated 1953
53	60		51
54	61		52Be it enacted by the Legislature of the state of Utah:
55	62		53 Section 1. Section 63M-7-202 is amended to read:
56	63		54 63M-7-202. Composition -- Appointments -- Ex officio members -- Terms --
57	64		55United States Attorney as nonvoting member.
58		-	56 (1) The [commission on criminal and juvenile justice shall be composed of 25] State
59		-	57Commission on Criminal and Juvenile Justice is composed of 26 voting members as follows: Enrolled Copy H.B. 244
	65	+	56 (1) The [commission on criminal and juvenile justice shall be composed of 25] State 02-21-23 1:52 PM 4th Sub. (Green) H.B. 244
60	66		- 3 -
	67	+	57Commission on Criminal and Juvenile Justice is composed of 26 voting members as follows:
61	68		58 (a) the chief justice of the supreme court, as the presiding officer of the judicial
62	69		59council, or a judge designated by the chief justice;
63	70		60 (b) the state court administrator or the state court administrator's designee;
64	71		61 (c) the executive director of the Department of Corrections or the executive director's
65	72		62designee;
66	73		63 (d) the executive director of the [Department of Human Services] Department of
67	74		64Health and Human Services or the executive director's designee;
68	75		65 (e) the commissioner of the Department of Public Safety or the commissioner's
69	76		66designee;
70	77		67 (f) the attorney general or an attorney designated by the attorney general;
71	78		68 (g) the president of the chiefs of police association or a chief of police designated by
72	79		69the association's president;
73	80		70 (h) the president of the sheriffs' association or a sheriff designated by the association's
74	81		71president;
75	82		72 (i) the chair of the Board of Pardons and Parole or a member of the Board of Pardons
76	83		73and Parole designated by the chair;
77	84		74 (j) the chair of the Utah Sentencing Commission or a member of the Utah Sentencing
78	85		75Commission designated by the chair;
79	86		76 (k) the chair of the Utah Substance Use and Mental Health Advisory Council or a
80	87		77member of the Utah Substance Use and Mental Health Advisory Council designated by the
81	88		78chair;
82	89		79 (l) the chair of the Utah Board of Juvenile Justice or a member of the Utah Board of
83	90		80Juvenile Justice designated by the chair;
84	91		81 (m) the chair of the Utah Victim Services Commission or a member of the Utah Victim
85	92		82Services Commission designated by the chair;
86	93		83 [(m)] (n) the chair of the Utah Council on Victims of Crime or a member of the Utah
87	94		84Council on Victims of Crime designated by the chair;
88		-	85 [(n)] (o) the executive director of the Salt Lake Legal Defender Association or an H.B. 244 Enrolled Copy
	95	+	85 [(n)] (o) the executive director of the Salt Lake Legal Defender Association or an
	96	+	86attorney designated by the executive director;
	97	+	87 [(o)] (p) the chair of the Utah Indigent Defense Commission or a member of the 4th Sub. (Green) H.B. 244 02-21-23 1:52 PM
89	98		- 4 -
90		-	86attorney designated by the executive director;
91		-	87 [(o)] (p) the chair of the Utah Indigent Defense Commission or a member of the
92	99		88Indigent Defense Commission designated by the chair;
93	100		89 [(p)] (q) the Salt Lake County District Attorney or an attorney designated by the district
94	101		90attorney; and
95	102		91 [(q)] (r) the following members designated to serve four-year terms:
96	103		92 (i) a juvenile court judge, appointed by the chief justice, as presiding officer of the
97	104		93Judicial Council;
98	105		94 (ii) a representative of the statewide association of public attorneys designated by the
99	106		95association's officers;
100	107		96 (iii) one member of the House of Representatives who is appointed by the speaker of
101	108		97the House of Representatives; and
102	109		98 (iv) one member of the Senate who is appointed by the president of the Senate.
103	110		99 (2) The governor shall appoint the remaining five members to four-year staggered
104	111		100terms as follows:
105	112		101 (a) one criminal defense attorney appointed from a list of three nominees submitted by
106	113		102the Utah State Bar Association;
107	114		103 (b) one attorney who primarily represents juveniles in delinquency matters appointed
108	115		104from a list of three nominees submitted by the Utah Bar Association;
109	116		105 (c) one representative of public education;
110	117		106 (d) one citizen representative; and
111	118		107 (e) a representative from a local faith who has experience with the criminal justice
112	119		108system.
113	120		109 (3) In addition to the members designated under Subsections (1) and (2), the United
114	121		110States Attorney for the district of Utah or an attorney designated by the United States Attorney
115	122		111may serve as a nonvoting member.
116	123		112 (4) In appointing the members under Subsection (2), the governor shall take into
117		-	113account the geographical makeup of the commission. Enrolled Copy H.B. 244
118		-	- 5 -
	124	+	113account the geographical makeup of the commission.
119	125		114 Section 2. Section 63M-7-219 is enacted to read:
120	126		115 63M-7-219. Victim Services Restricted Account -- Funding -- Uses.
121	127		116 (1) There is created in the General Fund a restricted account known as the "Victim
122	128		117Services Restricted Account."
123		-	118 (2) The Victim Services Restricted Account is funded by:
	129	+	118 (2) The Victim Services Restricted Account is funded by: 02-21-23 1:52 PM 4th Sub. (Green) H.B. 244
	130	+	- 5 -
124	131		119 (a) money appropriated to the account by the Legislature;
125	132		120 (b) gifts, donations, or grants from private entities or individuals; and
126	133		121 (c) interest earned on money in the account.
127	134		122 (3) Subject to appropriation, the Legislature shall use the funds in the Victim Services
128	135		123Restricted Account to fund services for victims, including using funds for:
129	136		124 (a) services provided by Children's Justice Centers;
130	137		125 (b) services for sexual assault and domestic violence victims;
131	138		126 (c) services recommended by the Utah Victim Services Commission under Section
132	139		12763M-7-804; or
133	140		128 (d) any administrative costs associated with implementing victim services.
134	141		129 Section 3. Section 63M-7-301 is amended to read:
135	142		130 63M-7-301. Definitions -- Creation of council -- Membership -- Terms.
136	143		131 (1) (a) As used in this part, "council" means the Utah Substance Use and Mental Health
137	144		132Advisory Council created in this section.
138	145		133 (b) There is created within the governor's office the Utah Substance Use and Mental
139	146		134Health Advisory Council.
140	147		135 (2) The council shall be comprised of the following voting members:
141	148		136 (a) the attorney general or the attorney general's designee;
142	149		137 (b) one elected county official appointed by the Utah Association of Counties;
143	150		138 (c) the commissioner of public safety or the commissioner's designee;
144	151		139 (d) the director of the Division of Integrated Healthcare or the director's designee;
145	152		140 (e) the state superintendent of public instruction or the superintendent's designee;
146		-	141 (f) the executive director of the Department of Health and Human Services or the H.B. 244 Enrolled Copy
147		-	- 6 -
	153	+	141 (f) the executive director of the Department of Health and Human Services or the
148	154		142executive director's designee;
149	155		143 (g) the executive director of the State Commission on Criminal and Juvenile Justice or
150	156		144the executive director's designee;
151	157		145 (h) the executive director of the Department of Corrections or the executive director's
152	158		146designee;
153	159		147 (i) the director of the Division of Juvenile Justice Services or the director's designee;
154	160		148 (j) the director of the Division of Child and Family Services or the director's designee;
155		-	149 (k) the chair of the Board of Pardons and Parole or the chair's designee;
	161	+	149 (k) the chair of the Board of Pardons and Parole or the chair's designee; 4th Sub. (Green) H.B. 244 02-21-23 1:52 PM
	162	+	- 6 -
156	163		150 (l) the director of the Office of Multicultural Affairs or the director's designee;
157	164		151 (m) the director of the Division of Indian Affairs or the director's designee;
158	165		152 (n) the state court administrator or the state court administrator's designee;
159	166		153 (o) one district court judge who presides over a drug court and who is appointed by the
160	167		154chief justice of the Utah Supreme Court;
161	168		155 (p) one district court judge who presides over a mental health court and who is
162	169		156appointed by the chief justice of the Utah Supreme Court;
163	170		157 (q) one juvenile court judge who presides over a drug court and who is appointed by
164	171		158the chief justice of the Utah Supreme Court;
165	172		159 (r) one prosecutor appointed by the Statewide Association of Prosecutors;
166	173		160 (s) the chair or co-chair of each committee established by the council;
167	174		161 (t) the chair or co-chair of the Statewide Suicide Prevention Coalition created under
168	175		162Subsection 62A-15-1101(2);
169	176		163 (u) one representative appointed by the Utah League of Cities and Towns to serve a
170	177		164four-year term;
171	178		165 (v) the chair of the Utah Victim Services Commission or the chair's designee;
172	179		166 [(v)] (w) the following members appointed by the governor to serve four-year terms:
173	180		167 (i) one resident of the state who has been personally affected by a substance use or
174	181		168mental health disorder; and
175		-	169 (ii) one citizen representative; and Enrolled Copy H.B. 244
176		-	- 7 -
	182	+	169 (ii) one citizen representative; and
177	183		170 [(w)] (x) in addition to the voting members described in Subsections (2)(a) through
178	184		171[(v)] (w), the following voting members appointed by a majority of the members described in
179	185		172Subsections (2)(a) through [(v)] (w) to serve four-year terms:
180	186		173 (i) one resident of the state who represents a statewide advocacy organization for
181	187		174recovery from substance use disorders;
182	188		175 (ii) one resident of the state who represents a statewide advocacy organization for
183	189		176recovery from mental illness;
184	190		177 (iii) one resident of the state who represents a statewide advocacy organization for
185	191		178protection of rights of individuals with a disability;
186	192		179 (iv) one resident of the state who represents prevention professionals;
187		-	180 (v) one resident of the state who represents treatment professionals;
	193	+	180 (v) one resident of the state who represents treatment professionals; 02-21-23 1:52 PM 4th Sub. (Green) H.B. 244
	194	+	- 7 -
188	195		181 (vi) one resident of the state who represents the physical health care field;
189	196		182 (vii) one resident of the state who is a criminal defense attorney;
190	197		183 (viii) one resident of the state who is a military servicemember or military veteran
191	198		184under Section 53B-8-102;
192	199		185 (ix) one resident of the state who represents local law enforcement agencies;
193	200		186 (x) one representative of private service providers that serve youth with substance use
194	201		187disorders or mental health disorders; and
195	202		188 (xi) one resident of the state who is certified by the Division of Integrated Healthcare
196	203		189as a peer support specialist as described in Subsection 62A-15-103(2)(h).
197	204		190 (3) An individual other than an individual described in Subsection (2) may not be
198	205		191appointed as a voting member of the council.
199	206		192 Section 4. Section 63M-7-601 is amended to read:
200	207		193 63M-7-601. Creation -- Members -- Chair.
201	208		194 (1) There is created within the governor's office the Utah Council on Victims of Crime.
202	209		195 (2) The council [shall be] is composed of [27] 28 voting members as follows:
203	210		196 (a) a representative of the State Commission on Criminal and Juvenile Justice
204		-	197appointed by the executive director; H.B. 244 Enrolled Copy
205		-	- 8 -
	211	+	197appointed by the executive director;
206	212		198 (b) a representative of the Department of Corrections appointed by the executive
207	213		199director;
208	214		200 (c) a representative of the Board of Pardons and Parole appointed by the chair;
209	215		201 (d) a representative of the Department of Public Safety appointed by the commissioner;
210	216		202 (e) a representative of the Division of Juvenile Justice Services appointed by the
211	217		203director;
212	218		204 (f) a representative of the Utah Office for Victims of Crime appointed by the director;
213	219		205 (g) a representative of the Office of the Attorney General appointed by the attorney
214	220		206general;
215	221		207 (h) a representative of the United States Attorney for the district of Utah appointed by
216	222		208the United States Attorney;
217	223		209 (i) a representative of Utah's Native American community appointed by the director of
218	224		210the Division of Indian Affairs after input from federally recognized tribes in Utah;
219		-	211 (j) a professional or volunteer working in the area of violence against women and
	225	+	211 (j) a professional or volunteer working in the area of violence against women and 4th Sub. (Green) H.B. 244 02-21-23 1:52 PM
	226	+	- 8 -
220	227		212families appointed by the governor;
221	228		213 (k) a representative of the [Department of Health's] Department of Health and Human
222	229		214Services Violence and Injury Prevention Program appointed by the program's manager;
223	230		215 (l) the chair of each judicial district's victims' rights committee;
224	231		216 (m) a representative of the Statewide Association of Public Attorneys appointed by that
225	232		217association;
226	233		218 (n) a representative of the Utah Chiefs of Police Association appointed by the president
227	234		219of that association;
228	235		220 (o) a representative of the Utah Sheriffs' Association appointed by the president of that
229	236		221association;
230	237		222 (p) a representative of a Children's Justice Center appointed by the attorney general;
231	238		223 (q) the director of the Division of Child and Family Services or that individual's
232	239		224designee; [and]
233		-	225 (r) the chair of the Utah Victim Services Commission or the chair's designee; and Enrolled Copy H.B. 244
234		-	- 9 -
	240	+	225 (r) the chair of the Utah Victim Services Commission or the chair's designee; and
235	241		226 [(r)] (s) the following members appointed by the members in Subsections (2)(a)
236	242		227through [(2)(q)] (2)(r) to serve four-year terms:
237	243		228 (i) an individual who engages in community based advocacy;
238	244		229 (ii) a citizen representative; and
239	245		230 (iii) a citizen representative who has been a victim of crime.
240	246		231 (3) The council shall annually elect:
241	247		232 (a) one member to serve as chair;
242	248		233 (b) one member to serve as vice-chair; and
243	249		234 (c) one member to serve as treasurer.
244	250		235 Section 5. Section 63M-7-702 is amended to read:
245	251		236 63M-7-702. Domestic Violence Offender Treatment Board -- Creation --
246	252		237Membership -- Quorum -- Per diem -- Staff support -- Meetings.
247	253		238 (1) There is created within the commission the Domestic Violence Offender Treatment
248	254		239Board consisting of the following members:
249	255		240 (a) the executive director of the Department of Corrections, or the executive director's
250	256		241designee;
251		-	242 (b) the executive director of the Department of Health and Human Services, or the
	257	+	242 (b) the executive director of the Department of Health and Human Services, or the 02-21-23 1:52 PM 4th Sub. (Green) H.B. 244
	258	+	- 9 -
252	259		243executive director's designee;
253	260		244 (c) one individual who represents a state program that focuses on prevention of injury
254	261		245and domestic violence appointed by the executive director of the Department of Health and
255	262		246Human Services;
256	263		247 (d) the commissioner of public safety for the Department of Public Safety, or the
257	264		248commissioner's designee;
258	265		249 (e) the chair of the Utah Victim Services Commission or the chair's designee;
259	266		250 [(e)] (f) the director of the Utah Office for Victims of Crime, or the director's designee;
260	267		251 [(f)] (g) the chair of the Board of Pardons and Parole, or the chair's designee;
261	268		252 [(g)] (h) the director of the Division of Juvenile Justice Services, or the director's
262		-	253designee; H.B. 244 Enrolled Copy
263		-	- 10 -
	269	+	253designee;
264	270		254 [(h)] (i) one individual who represents the Administrative Office of the Courts
265	271		255appointed by the state court administrator; and
266	272		256 [(i)] (j) ten individuals appointed by the executive director of the commission,
267	273		257including:
268	274		258 (i) the following four individuals licensed under Title 58, Chapter 60, Mental Health
269	275		259Professional Practice Act:
270	276		260 (A) a clinical social worker;
271	277		261 (B) a marriage and family therapist;
272	278		262 (C) a professional counselor; and
273	279		263 (D) a psychologist;
274	280		264 (ii) one individual who represents an association of criminal defense attorneys;
275	281		265 (iii) one criminal defense attorney who primarily represents indigent criminal
276	282		266defendants;
277	283		267 (iv) one individual who represents an association of prosecuting attorneys;
278	284		268 (v) one individual who represents law enforcement;
279	285		269 (vi) one individual who represents an association of criminal justice victim advocates;
280	286		270and
281	287		271 (vii) one individual who represents a nonprofit organization that provides domestic
282	288		272violence victim advocate services.
283		-	273 (2) (a) A member may not serve on the board for more than eight consecutive years.
	289	+	273 (2) (a) A member may not serve on the board for more than eight consecutive years. 4th Sub. (Green) H.B. 244 02-21-23 1:52 PM
	290	+	- 10 -
284	291		274 (b) If a vacancy occurs in the membership of the board appointed under Subsection (1),
285	292		275the member shall be replaced in the same manner in which the original appointment was made.
286	293		276 (c) A member of the board serves until the member's successor is appointed.
287	294		277 (3) The members of the board shall vote on a chair and co-chair of the board to serve
288	295		278for two years.
289	296		279 (4) (a) A majority of the board members constitutes a quorum.
290	297		280 (b) The action of a majority of a quorum constitutes an action of the board.
291		-	281 (5) A board member may not receive compensation or benefits for the member's Enrolled Copy H.B. 244
292		-	- 11 -
	298	+	281 (5) A board member may not receive compensation or benefits for the member's
293	299		282service on the board, but may receive per diem and reimbursement for travel expenses incurred
294	300		283as a board member at the rates established by the Division of Finance under:
295	301		284 (a) Sections 63A-3-106 and 63A-3-107; and
296	302		285 (b) rules made by the Division of Finance under Sections 63A-3-106 and 63A-3-107.
297	303		286 (6) The commission shall provide staff support to the board.
298	304		287 (7) The board shall meet at least quarterly on a date the board sets.
299	305		288 Section 6. Section 63M-7-801 is enacted to read:
300	306		289 Part 8. Utah Victim Services Commission
301	307		290 63M-7-801. Definitions.
302	308		291 As used in this part:
303	309		292 (1) "Commission" means the Utah Victim Services Commission.
304	310		293 (2) "Criminal justice system victim advocate" means the same as that term is defined in
305	311		294Section 77-38-403.
306	312		295 (3) "Member" means a member of the Utah Victim Services Commission.
307	313		296 (4) "State domestic violence coalition" means the same as that term is defined in 45
308	314		297C.F.R. Sec. 1370.2.
309	315		298 (5) "State sexual assault coalition" means the same as that term is defined in 34 U.S.C.
310	316		299Sec. 12291.
311	317		300 (6) "Tribal coalition" means the same as that term is defined in 34 U.S.C. Sec. 12291.
312	318		301 (7) "Victim Services Restricted Account" means the account created in Section
313	319		30263M-7-219.
314	320		303 Section 7. Section 63M-7-802 is enacted to read:
315		-	304 63M-7-802. Creation -- Membership -- Terms -- Vacancies -- Expenses.
	321	+	304 63M-7-802. Creation -- Membership -- Terms -- Vacancies -- Expenses. 02-21-23 1:52 PM 4th Sub. (Green) H.B. 244
	322	+	- 11 -
316	323		305 (1) There is created the Utah Victim Services Commission within the State
317	324		306Commission on Criminal and Juvenile Justice.
318	325		307 (2) The commission is composed of the following members:
319	326		308 (a) the executive director of the State Commission on Criminal and Juvenile Justice or
320		-	309the executive director's designee; H.B. 244 Enrolled Copy
321		-	- 12 -
	327	+	309the executive director's designee;
322	328		310 (b) the director of the Utah Office for Victims of Crime or the director's designee;
323	329		311 (c) the executive director of the Department of Health and Human Services or the
324	330		312executive director's designee;
325	331		313 (d) the executive director of the Department of Corrections or the executive director's
326	332		314designee;
327	333		315 (e) the director of the Division of Multicultural Affairs or the director's designee;
328	334		316 (f) the executive director of the state sexual assault coalition for this state or the
329	335		317executive director's designee;
330	336		318 (g) the executive director of the state domestic violence coalition for this state or the
331	337		319executive director's designee;
332	338		320 (h) the executive director of the tribal coalition for this state or the executive director's
333	339		321designee;
334	340		322 (i) the director of the Children's Justice Center Program in the Office of the Attorney
335	341		323General or the director's designee;
336	342		324 (j) the chair of the Children's Justice Center Standing Committee or the chair's
337	343		325designee;
338	344		326 (k) the attorney general or the attorney general's designee;
339	345		327 (l) the commissioner of the Department of Public Safety or the commissioner's
340	346		328designee;
341	347		329 (m) a criminal justice system based advocate, appointed by the governor with the
342	348		330advice and consent of the Senate;
343	349		331 (n) a prosecuting attorney, appointed by the governor with the advice and consent of
344	350		332the Senate;
345	351		333 (o) a criminal defense attorney, appointed by the governor with the advice and consent
346	352		334of the Senate;
347		-	335 (p) a law enforcement representative from the Utah Sheriffs Association or Utah Chiefs
	353	+	335 (p) a law enforcement representative from the Utah Sheriffs Association or Utah Chiefs 4th Sub. (Green) H.B. 244 02-21-23 1:52 PM
	354	+	- 12 -
348	355		336of Police Association, appointed by the governor with the advice and consent of the Senate;
349		-	337 (q) an individual who is a victim of crime, appointed by the governor with the advice Enrolled Copy H.B. 244
350		-	- 13 -
	356	+	337 (q) an individual who is a victim of crime, appointed by the governor with the advice
351	357		338and consent of the Senate;
352	358		339 (r) an individual who is a current or former representative from the House of
353	359		340Representatives or has experience or expertise with the legislative process, appointed by the
354	360		341speaker of the House of Representatives; and
355	361		342 (s) an individual who is a current or former senator from the Senate or has experience
356	362		343or expertise with the legislative process, appointed by the president of the Senate.
357	363		344 (3) (a) A member appointed under Subsections (2)(m) through (s) shall serve a
358	364		345four-year term.
359	365		346 (b) A member appointed to serve a four-year term is eligible for reappointment.
360	366		347 (4) When a vacancy occurs in the membership of the commission for any reason, the
361	367		348replacement shall be appointed by the applicable appointing authority for the remainder of the
362	368		349unexpired term of the original appointment.
363	369		350 (5) Except as otherwise provided in Subsection (5), a member may not receive
364	370		351compensation for the member's service but may receive per diem and reimbursement for travel
365	371		352expenses incurred as a member at the rates established by:
366	372		353 (a) Section 63A-3-106;
367	373		354 (b) Section 63A-3-107; and
368	374		355 (c) rules made by the Division of Finance according to Sections 63A-3-106 and
369	375		35663A-3-107.
370	376		357 (6) A member may not receive per diem or reimbursement for travel expenses under
371	377		358Subsection (5) if the member is being paid by a governmental entity while performing the
372	378		359member's service on the commission.
373	379		360 Section 8. Section 63M-7-803 is enacted to read:
374	380		361 63M-7-803. Chair and vice chair -- Procedure -- Subcommittees.
375	381		362 (1) (a) Except as provided in Subsection (1)(b), the governor shall appoint, with the
376	382		363advice and consent of the Senate, a chair from among the membership of the commission.
377	383		364 (b) A member who is a legislator may not be appointed as the chair of the commission.
378		-	365 (c) The chair of the commission shall serve a two-year term. ~~H.B. 244 Enrolled Copy~~
379		-	~~- 14 -~~
380		-	~~366 (2) (a) The members of the commission shall elect a vice chair from among the~~
	384	+	365 (c) The chair of the commission shall serve a two-year term.
	385	+	366 (2) (a) The members of the commission shall elect a vice chair from among the 02-21-23 1:52 PM 4th Sub. (Green) H.B. 244
	386	+	- 13 -
381	387		367membership of the commission.
382	388		368 (b) The vice chair of the commission shall serve a two-year term.
383	389		369 (c) A member who is a legislator may not be elected as the vice chair of the
384	390		370commission.
385	391		371 (3) (a) A majority of the members of the commission constitutes a quorum.
386	392		372 (b) The action of a majority of a quorum constitutes the action of the commission.
387	393		373 (4) The commission shall meet quarterly or more frequently as determined necessary
388	394		374by the chair.
389	395		375 (5) The commission shall establish:
390	396		376 (a) a subcommittee focused on domestic violence that is co-chaired by:
391	397		377 (i) the executive director of the state domestic violence coalition for this state or the
392	398		378executive director's designee; and
393	399		379 (ii) the executive director of the tribal coalition for this state or the executive director's
394	400		380designee;
395	401		381 (b) a subcommittee focused on rape and sexual assault that is co-chaired by:
396	402		382 (i) the executive director of the state sexual assault coalition for this state or the
397	403		383executive director's designee; and
398	404		384 (ii) the executive director of the tribal coalition for this state or the executive director's
399	405		385designee;
400	406		386 (c) a subcommittee focused on child abuse that is chaired by the chair of the Children's
401	407		387Justice Center Standing Committee or the chair's designee;
402	408		388 (d) a subcommittee focused on multicultural communities with distinct victimization
403	409		389issues that is chaired by the director of Division of Multicultural Affairs or the director's
404	410		390designee; and
405	411		391 (e) any other subcommittee as needed to assist the commission in accomplishing the
406	412		392duties of the commission, including an executive subcommittee.
407		-	393 (6) Except as otherwise provided in Subsection (5), the commission may: Enrolled Copy H.B. 244
408		-	- 15 -
	413	+	393 (6) Except as otherwise provided in Subsection (5), the commission may:
409	414		394 (a) appoint to a subcommittee any member of the commission or any other individual
410	415		395with subject-matter expertise that is relevant to a subcommittee's focus and purpose;
411	416		396 (b) appoint the chair of any subcommittee; and
412		-	397 (c) establish the focus and purpose of a subcommittee.
	417	+	397 (c) establish the focus and purpose of a subcommittee. 4th Sub. (Green) H.B. 244 02-21-23 1:52 PM
	418	+	- 14 -
413	419		398 Section 9. Section 63M-7-804 is enacted to read:
414	420		399 63M-7-804. Duties of the commission -- Report.
415	421		400 (1) The commission shall, in partnership with state agencies and organizations,
416	422		401including the Children's Justice Center Program, the Utah Office for Victims of Crime, the
417	423		402Utah Council on Victims of Crime, and the Division of Child and Family Services:
418	424		403 (a) review and assess the duties and practices of the State Commission on Criminal and
419	425		404Juvenile Justice regarding services and criminal justice policies pertaining to victims;
420	426		405 (b) encourage and facilitate the development and coordination of trauma-informed
421	427		406services for crime victims throughout the state;
422	428		407 (c) encourage and foster public and private partnerships for the purpose of:
423	429		408 (i) assessing needs for crime victim services throughout the state;
424	430		409 (ii) developing crime victim services and resources throughout the state; and
425	431		410 (iii) coordinating crime victim services and resources throughout the state;
426	432		411 (d) generate unity for ongoing efforts to reduce and eliminate the impact of crime on
427	433		412victims through a comprehensive and evidence-based prevention, treatment, and justice
428	434		413strategy;
429	435		414 (e) recommend and support the creation, dissemination, and implementation of
430	436		415statewide policies and plans to address crimes, including domestic violence, sexual violence,
431	437		416child abuse, and driving under the influence of drugs and alcohol;
432	438		417 (f) develop a systematic process and clearinghouse for the collection and dissemination
433	439		418of data on domestic violence and sexual violence;
434	440		419 (g) collect information on statewide funding for crime victim services and prevention
435	441		420efforts, including the sources, disbursement, and outcomes of statewide funding for crime
436		-	421victim services and prevention efforts; H.B. 244 Enrolled Copy
437		-	- 16 -
	442	+	421victim services and prevention efforts;
438	443		422 (h) consider recommendations from any subcommittee of the commission; and
439	444		423 (i) make recommendations regarding:
440	445		424 (i) the duties and practices of the State Commission on Criminal and Juvenile Justice
441	446		425to ensure that:
442	447		426 (A) crime victims are a vital part of the criminal justice system of the state;
443	448		427 (B) all crime victims and witnesses are treated with dignity, respect, courtesy, and
444		-	428sensitivity; and
	449	+	428sensitivity; and 02-21-23 1:52 PM 4th Sub. (Green) H.B. 244
	450	+	- 15 -
445	451		429 (C) the rights of crime victims and witnesses are honored and protected by law in a
446	452		430manner no less vigorous than protections afforded to criminal defendants; and
447	453		431 (ii) statewide funding for crime victim services and prevention efforts.
448	454		432 (2) The commission may recommend to the Legislature the services to be funded by
449	455		433the Victim Services Restricted Account.
450	456		434 (3) The commission shall report the commission's recommendations annually to the
451	457		435State Commission on Criminal and Juvenile Justice, the governor, the Judicial Council, the
452	458		436Executive Offices and Criminal Justice Appropriations Subcommittee, the Health and Human
453	459		437Services Interim Committee, the Judiciary Interim Committee, and the Law Enforcement and
454	460		438Criminal Justice Interim Committee.
455	461		439 (4) When taking an action or making a recommendation, the commission shall respect
456	462		440that a state agency is bound to follow state law and may have duties or responsibilities imposed
457	463		441by state law.
458	464		442 Section 10. Section 63M-7-805 is enacted to read:
459	465		443 63M-7-805. Staff -- Contract with third party.
460	466		444 (1) The State Commission on Criminal and Juvenile Justice shall provide staff to the
461	467		445commission and to any subcommittee of the commission.
462	468		446 (2) The commission may contract with a third party to assist the commission with
463	469		447reviewing and providing recommendations on:
464	470		448 (a) the best practices and policies for crime victim services;
465		-	449 (b) the structure and membership of the commission; Enrolled Copy H.B. 244
466		-	- 17 -
	471	+	449 (b) the structure and membership of the commission;
467	472		450 (c) the purpose and duties of the commission, including any overlapping duties that the
468	473		451commission has with another state office, board, or commission;
469	474		452 (d) the funding for crime victim services in this state, including the need for funding,
470	475		453the management of state funds for crime victim services, and the implementation of
471	476		454accountability and performance measures; and
472	477		455 (e) any other issue related to the duties of the commission that the third party may
473	478		456provide assistance.
474	479		457 Section 11. Appropriation.
475	480		458 The following sums of money are appropriated for the fiscal year beginning July 1,
476		-	4592023, and ending June 30, 2024. These are additions to amounts previously appropriated for
	481	+	4592023, and ending June 30, 2024. These are additions to amounts previously appropriated for 4th Sub. (Green) H.B. 244 02-21-23 1:52 PM
	482	+	- 16 -
477	483		460fiscal year 2024. Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures
478	484		461Act, the Legislature appropriates the following sums of money from the funds or accounts
479	485		462indicated for the use and support of the government of the state of Utah.
480	486		463ITEM 1
481	487		464To Governor's Office - State Commission on Criminal and Juvenile Justice
482	488		465 From General Fund 550,000
483	489		466 Schedule of Programs:
484	490		467 Utah Victim Services Commission 550,000
485	491		468 The Legislature intends that the State Commission on Criminal and Juvenile Justice use
486	492		469the funds appropriated under this item to staff the Utah Victims Services Commission.
487	493		470ITEM 2
488	494		471To Governor's Office - State Commission on Criminal and Juvenile Justice
489	495		472 From General Fund, One-time 500,000
490	496		473 Schedule of Programs:
491	497		474 Utah Victim Services Commission 500,000
492	498		475 The Legislature intends that the Utah Victim Services Commission use funds
493	499		476appropriated under this item to hire a third party to assist the Utah Victim Services
494		-	477Commission in accordance with Subsection 63M-7-805(2). H.B. 244 Enrolled Copy
495		-	- 18 -
496		-	478
	500	+	477Commission in accordance with Subsection 63M-7-805(2).