02-28 15:16 4th Sub. (Pumpkin) S.B. 243
Todd Weiler proposes the following substitute bill:
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Law Enforcement Quota Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Todd Weiler
House Sponsor:
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LONG TITLE
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General Description:
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This bill concerns impermissible law enforcement quotas.
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Highlighted Provisions:
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This bill:
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▸ requires the State Commission on Criminal and Juvenile Justice to collect reports of
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alleged violations of the impermissible law enforcement quota prohibition and annually
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report the data to the Law Enforcement and Criminal Justice Interim Committee;
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▸ prohibits a political subdivision or law enforcement agency from:
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● requiring or directing a peace officer to meet an impermissible quota; or
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● transferring, promoting, disciplining, or taking any other action against a peace officer
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for reasons relating to an impermissible quota; and
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▸ makes technical and conforming changes.
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Money Appropriated in this Bill:
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None
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Other Special Clauses:
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None
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Utah Code Sections Affected:
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AMENDS:
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63M-7-204, as last amended by Laws of Utah 2024, Chapter 345
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77-7-27, as enacted by Laws of Utah 2018, Chapter 289
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Be it enacted by the Legislature of the state of Utah:
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Section 1. Section 63M-7-204 is amended to read:
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63M-7-204 . Duties of commission.
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(1) The commission shall:
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(a) promote the commission's purposes as enumerated in Section 63M-7-201;
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(b) promote the communication and coordination of all criminal and juvenile justice
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agencies;
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(c) study, evaluate, and report on the status of crime in the state and on the effectiveness
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of criminal justice policies, procedures, and programs that are directed toward the
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reduction of crime in the state;
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(d) study, evaluate, and report on programs initiated by state and local agencies to
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address reducing recidivism, including changes in penalties and sentencing
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guidelines intended to reduce recidivism, costs savings associated with the reduction
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in the number of inmates, and evaluation of expenses and resources needed to meet
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goals regarding the use of treatment as an alternative to incarceration, as resources
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allow;
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(e) study, evaluate, and report on policies, procedures, and programs of other
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jurisdictions which have effectively reduced crime;
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(f) identify and promote the implementation of specific policies and programs the
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commission determines will significantly reduce crime in Utah;
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(g) provide analysis and recommendations on all criminal and juvenile justice
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legislation, state budget, and facility requests, including program and fiscal impact on
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all components of the criminal and juvenile justice system;
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(h) provide analysis, accountability, recommendations, and supervision for state and
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federal criminal justice grant money;
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(i) provide public information on the criminal and juvenile justice system and give
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technical assistance to agencies or local units of government on methods to promote
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public awareness;
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(j) promote research and program evaluation as an integral part of the criminal and
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juvenile justice system;
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(k) provide a comprehensive criminal justice plan annually;
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(l) review agency forecasts regarding future demands on the criminal and juvenile
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justice systems, including specific projections for secure bed space;
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(m) promote the development of criminal and juvenile justice information systems that
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are consistent with common standards for data storage and are capable of
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appropriately sharing information with other criminal justice information systems by:
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(i) developing and maintaining common data standards for use by all state criminal
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justice agencies;
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(ii) annually performing audits of criminal history record information maintained by
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state criminal justice agencies to assess their accuracy, completeness, and
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adherence to standards;
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(iii) defining and developing state and local programs and projects associated with
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the improvement of information management for law enforcement and the
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administration of justice; and
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(iv) establishing general policies concerning criminal and juvenile justice information
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systems and making rules as necessary to carry out the duties under Subsection
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(1)(k) and this Subsection (1)(m);
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(n) allocate and administer grants, from money made available, for approved education
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programs to help prevent the sexual exploitation of children;
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(o) allocate and administer grants for law enforcement operations and programs related
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to reducing illegal drug activity and related criminal activity;
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(p) request, receive, and evaluate data and recommendations collected and reported by
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agencies and contractors related to policies recommended by the commission
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regarding recidivism reduction, including the data described in Section 13-53-111
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and Subsection 26B-5-102(2)(l);
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(q) establish and administer a performance incentive grant program that allocates funds
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appropriated by the Legislature to programs and practices implemented by counties
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that reduce recidivism and reduce the number of offenders per capita who are
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incarcerated;
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(r) oversee or designate an entity to oversee the implementation of juvenile justice
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reforms;
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(s) make rules and administer the juvenile holding room standards and juvenile jail
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standards to align with the Juvenile Justice and Delinquency Prevention Act
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requirements pursuant to 42 U.S.C. Sec. 5633;
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(t) allocate and administer grants, from money made available, for pilot qualifying
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education programs;
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(u) request, receive, and evaluate the aggregate data collected from prosecutorial
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agencies and the Administrative Office of the Courts, in accordance with Sections
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63M-7-216 and 78A-2-109.5;
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(v) report annually to the Law Enforcement and Criminal Justice Interim Committee on
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the progress made on each of the following goals of the Justice Reinvestment
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Initiative:
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(i) ensuring oversight and accountability;
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(ii) supporting local corrections systems;
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(iii) improving and expanding reentry and treatment services; and
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(iv) strengthening probation and parole supervision;
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(w) compile a report of findings based on the data and recommendations provided under
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Section 13-53-111 and Subsection 26B-5-102(2)(n) that:
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(i) separates the data provided under Section 13-53-111 by each residential,
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vocational and life skills program; and
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(ii) separates the data provided under Subsection 26B-5-102(2)(n) by each mental
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health or substance use treatment program;
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(x) publish the report described in Subsection (1)(w) on the commission's website and
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annually provide the report to the Judiciary Interim Committee, the Health and
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Human Services Interim Committee, the Law Enforcement and Criminal Justice
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Interim Committee, and the related appropriations subcommittees;
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(y) receive, compile, and publish on the commission's website the data provided under:
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(i) Section 53-25-202;
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(ii) Section 53-25-301; and
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(iii) Section 53-25-401;
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(z) review, research, advise, and make recommendations to the three branches of
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government regarding evidence-based sex offense management policies and
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practices, including supervision standards, treatment standards, and the sex offender
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registry;
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(aa) receive and evaluate a referral from the Department of Public Safety received under
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Section 53-21-104.3 involving a denial of mental health resources to an eligible
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individual, including, if appropriate in the commission's discretion, deny the relevant
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entity from receiving any grant of state funds under Section 63M-7-218 for a
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specified period of time;
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(bb) receive, compile, and annually submit a report to the Law Enforcement and
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Criminal Justice Interim Committee of alleged violations of the impermissible law
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enforcement quota prohibition under Subsection 77-7-27(4); and
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[(bb)] (cc) accept public comment.
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(2)(a) The commission may designate an entity to perform the duties described in this
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part.
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(b) If the commission designates an entity under Subsection (2)(a), the commission shall
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ensure that the membership of the designated entity includes representation from
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relevant stakeholder groups from the parts of the justice system implicated in the
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policy area.
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(3) in fulfilling the commission's duties under Subsection (1), the commission may seek
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input and request assistance from groups with knowledge and expertise in criminal
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justice, including other boards and commissions affiliated or housed within the
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commission.
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Section 2. Section 77-7-27 is amended to read:
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77-7-27 . Impermissible law enforcement quota prohibition.
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(1) As used in this section:
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(a)(i) "Impermissible quota" means any requirement or minimum standard regarding
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the number or percentage of citations made by a law enforcement officer.
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(ii) "Impermissible quota" does not include targeted overtime shifts for which the law
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enforcement agency receives grant money or other reimbursement.
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(b) "Law enforcement agency" means an entity of the state, or a political subdivision of
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the state, that exists primarily to prevent and detect crime and enforce criminal laws,
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statutes, or ordinances.
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[(b) "Law enforcement quota" means any requirement or minimum standard regarding
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the number or percentage of citations or arrests made by a law enforcement officer.]
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(2) A political subdivision or law enforcement agency employing a peace officer may not:
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(a) require or direct that a peace officer meet [a law enforcement] an impermissible quota;
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(b) evaluate, promote, compensate, reward, or discipline a peace officer on the basis of
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an impermissible quota; or
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(c) transfer a peace officer from an employment assignment on the basis of an
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impermissible quota.
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(3) Subsection (2) does not prohibit a political subdivision or law enforcement agency from
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including a peace officer's engagement with the community or enforcement activity,
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including a metric based on the peace officer's interactions with members of the
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community, as part of an overall determination of the peace officer's performance.
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(4) A person may report an alleged violation of this section to the State Commission on
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Criminal and Juvenile Justice.
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Section 3. Effective Date.
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This bill takes effect on May 7, 2025.
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