reglab/statecodes huggingface dataset:
2023 Utah Code › Title 63M - Governor's Programs › Chapter 5 - Resource Development Act › Part 3 - Use of Funds › Section 305 - Tax Commission -- Rules and regulations.

63M-5-305.
Tax Commission -- Rules and regulations.
For the purpose of more efficiently administering this act the State Tax Commission is authorized in its discretion to formulate, amend, or cancel rules and regulations establishing procedures regarding matters pertaining to the prepayment of sales or use taxes as provided in this act and the credit against sales or use taxes as the same become due and otherwise payable.
Renumbered and Amended by Chapter 382, 2008 General Session
2023 Utah Code › Title 63M - Governor's Programs › Chapter 6 - Military Base Easements Act › Part 2 - Easements and Improvements › Section 202 - Location of easements.

Effective 7/1/2021
63M-6-202.
Location of easements.
(1) The Governor's Office of Economic Opportunity or its designees may acquire easements on the land within the following boundaries:
(a) beginning on the north Hill Air Force Base accident potential zone (APZ) at a point which is North 1,089,743.170 meters and East 459,346.946 meters based on the North zone, State of Utah, NAD 83 coordinates and runs north to North 63 degrees 10 minutes 44 seconds, East 457.109 meters, North 26 degrees 49 minutes 16 seconds, West 3,352.129 meters, South 63 degrees 10 minutes 44 seconds, West 914.217 meters, South 26 degrees 49 minutes 16 seconds, East 3,352.129 meters, North 63 degrees 10 minutes 44 seconds, East 457.109 meters back to the point of beginning; and
(b) beginning on the south Hill Air Force Base APZ which is North 1,086,065.786 meters and East 461,206.222 meters based on the North zone, State of Utah, NAD 83 coordinates and runs South 63 degrees 10 minutes 44 seconds, West 457.109 meters, South 26 degrees 49 minutes 16 seconds, East 502.179 meters, South 0 degrees 20 minutes 35 seconds, West 1,722.227 meters, South 89 degrees 39 minutes 25 seconds, East 883.743 meters, North 63 degrees 10 minutes 44 seconds, East 914.217 meters, North 26 degrees 49 minutes 16 seconds, West 2,437.912 meters, South 63 degrees 10 minutes 44 seconds, West 457.109 meters back to the point of beginning.
(2) The Governor's Office of Economic Opportunity or its designees may acquire easements on the following land that is located inside the 75 and 80 level day-night (LDN) noise contour as identified in the Hill Air Force Base AICUZ Land Use Compatibility Guidelines Study, as amended, dated October, 1982:
(a) in the west half of Section 3, T4NR1W;
(b) in the east half of Section 4, T4NR1W;
(c) in the northeast quarter of Section 8, T4NR1W;
(d) within all of Section 9, T4NR1W;
(e) in the northwest quarter of Section 10, T4NR1W;
(f) within the southwest quarter of Section 19, T5NR1W;
(g) in the south half of Section 20, T5NR1W;
(h) within the southwest quarter of Section 28, T5NR1W; and
(i) within Section 29, T5NR1W.
Amended by Chapter 282, 2021 General Session
2023 Utah Code › Title 63M - Governor's Programs › Chapter 6 - Military Base Easements Act › Part 2 - Easements and Improvements › Section 203 - Certain improvements, alterations, and expansions prohibited.

Effective 7/1/2021
63M-6-203.
Certain improvements, alterations, and expansions prohibited.
(1) A person or entity may not begin to develop, or authorize development, on any land identified in this chapter until the Governor's Office of Economic Opportunity has affirmatively authorized the development of the land because the development is consistent with those uses identified in the Hill Air Force Base AICUZ Land Use Compatibility Guidelines Study, as amended, dated October 1982.
(2) Nothing in this chapter prohibits any property owner from improving, altering, or expanding any existing residential or commercial use of the property owner's property so long as the improvement, alteration, or expansion does not materially increase the human density of that present use.
Amended by Chapter 282, 2021 General Session
2023 Utah Code › Title 63M - Governor's Programs › Chapter 7 - Criminal Justice and Substance Abuse › Part 1 - General Provisions › Section 102 - Recidivism metrics -- Reporting.

Effective 5/3/2023
63M-7-102.
Recidivism metrics -- Reporting.
(1) For purposes of this chapter:
(a) "Commission" means the State Commission on Criminal and Juvenile Justice created in Section 63M-7-201.
(b) "Desistance" means an individual's abstinence from further criminal activity after a previous criminal conviction.
(c) "Intervention" means a program, sanction, supervision, or event that may impact recidivism.
(d) "Recidivism" means a return to criminal activity after a previous criminal conviction.
(e) "Recidivism standard metric" means the number of individuals who are returned to prison for a new conviction within the three years after the day on which the individuals were released from prison.
(2)
(a) The commission, the Department of Corrections, and the Board of Pardons and Parole, when reporting data on statewide recidivism, shall include data reflecting the recidivism standard metric.
(b)
(i) On or before August 1, 2024, the commission shall reevaluate the recidivism standard metric to determine whether new data streams allow for a broader definition, which may include criminal convictions that do not include prison time.
(ii) On or before November 1, 2024, the commission shall report to the Law Enforcement and Criminal Justice Interim Committee:
(A) the result of the reevaluation described in Subsection (2)(b)(i); and
(B) other recommendations regarding standardized recidivism metrics.
(3) A report on statewide criminal recidivism may also include other information reflecting available recidivism, intervention, or desistance data.
(4) A criminal justice institution, agency, or entity required to report adult recidivism data to the commission:
(a) shall include:
(i) a clear description of the eligible individuals, including:
(A) the criminal population being evaluated for recidivism; and
(B) the interventions that are being evaluated;
(ii) a clear description of the beginning and end of the evaluation period; and
(iii) a clear description of the events that are considered as a recidivism-triggering event; and
(b) may include supplementary data including:
(i) the length of time that elapsed before a recidivism-triggering event described in Subsection (4)(a)(iii) occurred;
(ii) the severity of a recidivism-triggering event described in Subsection (4)(a)(iii);
(iii) measures of personal well-being, education, employment, housing, health, family or social support, civic or community engagement, or legal involvement; or
(iv) other desistance metrics that may capture an individual's behavior following the individual's release from an intervention.
(5) Unless otherwise specified in statute:
(a) the evaluation period described in Subsection (4)(a)(ii) is three years; and
(b) a recidivism-triggering event under Subsection (4)(a)(iii) shall include:
(i) an arrest;
(ii) an admission to prison;
(iii) a criminal charge; or
(iv) a criminal conviction.
Enacted by Chapter 177, 2023 General Session
2023 Utah Code › Title 63M - Governor's Programs › Chapter 7 - Criminal Justice and Substance Abuse › Part 2 - Commission on Criminal and Juvenile Justice › Section 201 - Creation -- Purpose.

63M-7-201.
Creation -- Purpose.
(1) The State Commission on Criminal and Juvenile Justice is created within the governor's office.
(2) The commission's purpose is to:
(a) promote broad philosophical agreement concerning the objectives of the criminal and juvenile justice system in Utah;
(b) provide a mechanism for coordinating the functions of the various branches and levels of government concerned with criminal and juvenile justice to achieve those objectives;
(c) coordinate statewide efforts to reduce crime and victimization in Utah; and
(d) accomplish the duties enumerated in Section 63M-7-204.
Renumbered and Amended by Chapter 382, 2008 General Session
2023 Utah Code › Title 63M - Governor's Programs › Chapter 7 - Criminal Justice and Substance Abuse › Part 2 - Commission on Criminal and Juvenile Justice › Section 203 - Executive director -- Qualifications -- Compensation -- Appointment -- Functions.

Effective 5/12/2020
63M-7-203.
Executive director -- Qualifications -- Compensation -- Appointment -- Functions.
(1) The governor, with the advice and consent of the Senate, shall appoint a person experienced in the field of criminal justice and in administration as the executive director of the Commission on Criminal and Juvenile Justice. The governor shall establish the executive director's salary within the salary range fixed by the Legislature in Title 67, Chapter 22, State Officer Compensation.
(2)
(a) The executive director, under the direction of the commission, shall administer the duties of the commission and act as the governor's advisor on national, state, regional, metropolitan, and local government planning as it relates to criminal justice.
(b) This chapter does not derogate the planning authority conferred on state, regional, metropolitan, and local governments by existing law.
Amended by Chapter 352, 2020 General Session
2023 Utah Code › Title 63M - Governor's Programs › Chapter 7 - Criminal Justice and Substance Abuse › Part 2 - Commission on Criminal and Juvenile Justice › Section 205 - Annual report by the commission.

63M-7-205.
Annual report by the commission.
(1) The commission shall annually prepare and publish a report directed to the governor, the Legislature, and the Judicial Council.
(2) The report shall describe how the commission fulfilled its statutory purposes and duties during the year.
Renumbered and Amended by Chapter 382, 2008 General Session
2023 Utah Code › Title 63M - Governor's Programs › Chapter 7 - Criminal Justice and Substance Abuse › Part 2 - Commission on Criminal and Juvenile Justice › Section 206 - Election of chair -- Meetings.

63M-7-206.
Election of chair -- Meetings.
The membership of the Commission on Criminal and Juvenile Justice by simple majority vote of those in attendance shall annually elect one of their number to serve as chair. The chair is responsible for the call and conduct of meetings. Meetings shall be called and held at least bimonthly. One of the bimonthly meetings shall be held while the Legislature is convened in its annual session. Additional meetings may be called upon request by a majority of the commission's members.
Renumbered and Amended by Chapter 382, 2008 General Session
2023 Utah Code › Title 63M - Governor's Programs › Chapter 7 - Criminal Justice and Substance Abuse › Part 2 - Commission on Criminal and Juvenile Justice › Section 207 - Members serve without pay -- Reimbursement for expenses.

Effective 5/13/2014
63M-7-207.
Members serve without pay -- Reimbursement for expenses.
(1) A member who is not a legislator may not receive compensation or benefits for the member's service, but may receive per diem and travel expenses as allowed in:
(a) Section 63A-3-106;
(b) Section 63A-3-107; and
(c) rules made by the Division of Finance according to Sections 63A-3-106 and 63A-3-107.
(2) Compensation and expenses of a member who is a legislator are governed by Section 36-2-2 and Legislative Joint Rules, Title 5, Legislative Compensation and Expenses.
Amended by Chapter 387, 2014 General Session
2023 Utah Code › Title 63M - Governor's Programs › Chapter 7 - Criminal Justice and Substance Abuse › Part 2 - Commission on Criminal and Juvenile Justice › Section 210 - Pilot program of competency-based career and technical education grants.

Effective 5/14/2019
63M-7-210.
Pilot program of competency-based career and technical education grants.
(1) As used in this section:
(a) "Certificate program provider" means a technical college that provides competency-based career and technical education.
(b) "Commission" means the State Commission on Criminal and Juvenile Justice.
(c)
(i) "Competency-based career and technical education" means career and technical education that will result in appropriate licensing, certification, or other evidence of completion of training and qualification for specific employment.
(ii) "Competency-based career and technical education" includes services provided under Section 53B-2a-106.
(d) "Qualifying education program" means a program overseen by a city or county prosecutor office to provide for an individual obtaining:
(i) a high school diploma or a Utah high school completion diploma as defined by rule made by the State Board of Education in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; or
(ii) competency-based career and technical education.
(e) "Technical college" means the same as that term is defined in Section 53B-1-101.5.
(2) In accordance with this section, the commission shall establish a pilot grant program for fiscal year 2019 that funds the costs of two employees who:
(a) are located in different prosecutor offices that operate in areas that have proximity to a technical college; and
(b) oversee a program that provides for participation in a qualifying education program by an individual who is convicted of, pleads guilty to, or pleads no contest to a misdemeanor or third degree felony:
(i) as an alternative to incarceration;
(ii) for a reduction of fines or court fees;
(iii) for a two-step conviction reduction under Section 76-3-402; or
(iv) for a combination of the actions described in Subsections (2)(b)(i) through (iii).
(3) As a condition of participating in a qualifying education program under this section, an individual shall:
(a) comply with the requirements of the plea agreement entered into by the individual, the prosecutor, and the court; and
(b) work with a financial aid officer for a qualifying education program and pay the tuition for the competency-based career and technical education charged by the certificate program provider.
(4) The commission will structure and administer the grant pilot program consistent with other grant program requirements that the commission administers.
(5) The commission shall compile a report regarding this grant pilot program based on performance measures and provide the report by no later than November 30, 2020, to the Law Enforcement and Criminal Justice Interim Committee, and the related appropriations subcommittee.
Amended by Chapter 136, 2019 General Session
2023 Utah Code › Title 63M - Governor's Programs › Chapter 7 - Criminal Justice and Substance Abuse › Part 2 - Commission on Criminal and Juvenile Justice › Section 215 - Pretrial Release Programs Special Revenue Fund -- Funding -- Uses.

Effective 11/16/2021
63M-7-215.
Pretrial Release Programs Special Revenue Fund -- Funding -- Uses.
(1) As used in this section:
(a) "Commission" means the Commission on Criminal and Juvenile Justice created in Section 63M-7-201.
(b) "Fund" means the Pretrial Release Programs Special Revenue Fund created in this section.
(2) There is created an expendable special revenue fund known as the "Pretrial Release Programs Special Revenue Fund."
(3) The Division of Finance shall administer the fund in accordance with this section.
(4) The fund shall consist of:
(a) money collected and remitted to the fund under Section 77-20-403;
(b) appropriations from the Legislature;
(c) interest earned on money in the fund; and
(d) contributions from other public or private sources.
(5) The commission shall award grants from the fund to county agencies and other agencies the commission determines appropriate to assist counties with establishing and expanding pretrial services programs that serve the purpose of:
(a) assisting a court in making an informed decision regarding an individual's pretrial release; and
(b) providing supervision of an individual released from law enforcement custody on conditions pending a final determination of a criminal charge filed against the individual.
(6) The commission may retain up to 3% of the money deposited into the fund to pay for administrative costs incurred by the commission, including salary and benefits, equipment, supplies, or travel costs that are directly related to the administration of this section.
(7) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the commission shall establish a grant application and review process for the expenditure of money from the fund.
(8) The grant application and review process shall describe:
(a) the requirements to complete the grant application;
(b) requirements for receiving funding;
(c) criteria for the approval of a grant application; and
(d) support offered by the commission to complete a grant application.
(9) Upon receipt of a grant application, the commission shall:
(a) review the grant application for completeness;
(b) make a determination regarding the grant application;
(c) inform the grant applicant of the commission's determination regarding the grant application; and
(d) if approved, award grants from the fund to the grant applicant.
(10) Before November 30 of each year, the commission shall provide an electronic report to the Law Enforcement and Criminal Justice Interim Committee regarding the status of the fund and expenditures made from the fund.
Amended by Chapter 4, 2021 Special Session 2
2023 Utah Code › Title 63M - Governor's Programs › Chapter 7 - Criminal Justice and Substance Abuse › Part 2 - Commission on Criminal and Juvenile Justice › Section 218 - State grant requirements.

Effective 5/3/2023
63M-7-218.
State grant requirements.
Beginning July 1, 2023, the commission may not award any grant of state funds to any entity subject to, and not in compliance with, the reporting requirements in Subsections 63A-16-1002(5)(a) through (r).
Amended by Chapter 158, 2023 General Session
Amended by Chapter 161, 2023 General Session
Amended by Chapter 382, 2023 General Session
2023 Utah Code › Title 63M - Governor's Programs › Chapter 7 - Criminal Justice and Substance Abuse › Part 2 - Commission on Criminal and Juvenile Justice › Section 219 - Victim Services Restricted Account -- Funding -- Uses.

Effective 5/3/2023
63M-7-219.
Victim Services Restricted Account -- Funding -- Uses.
(1) There is created in the General Fund a restricted account known as the "Victim Services Restricted Account."
(2) The Victim Services Restricted Account is funded by:
(a) money appropriated to the account by the Legislature;
(b) gifts, donations, or grants from private entities or individuals; and
(c) interest earned on money in the account.
(3) Subject to appropriation, the Legislature shall use the funds in the Victim Services Restricted Account to fund services for victims, including using funds for:
(a) services provided by Children's Justice Centers;
(b) services for sexual assault and domestic violence victims;
(c) services recommended by the Utah Victim Services Commission under Section 63M-7-804; or
(d) any administrative costs associated with implementing victim services.
Enacted by Chapter 150, 2023 General Session
2023 Utah Code › Title 63M - Governor's Programs › Chapter 7 - Criminal Justice and Substance Abuse › Part 3 - Utah Substance Use and Mental Health Advisory Council › Section 302 - Chair -- Vacancies -- Quorum -- Expenses.

Affected by 63I-1-263 on 1/1/2033
Effective 5/14/2019
63M-7-302.
Chair -- Vacancies -- Quorum -- Expenses.
(1) The Utah Substance Use and Mental Health Advisory Council shall annually select one of its members to serve as chair and one of its members to serve as vice chair.
(2) When a vacancy occurs in the membership for any reason, the replacement shall be appointed for the unexpired term in the same manner as the position was originally filled.
(3) A majority of the members of the council constitutes a quorum.
(4) A member may not receive compensation or benefits for the member's service, but may receive per diem and travel expenses as allowed in:
(a) Section 63A-3-106;
(b) Section 63A-3-107; and
(c) rules made by the Division of Finance according to Sections 63A-3-106 and 63A-3-107.
(5) The council may establish committees as needed to assist in accomplishing its duties under Section 63M-7-303.
Amended by Chapter 246, 2019 General Session
2023 Utah Code › Title 63M - Governor's Programs › Chapter 7 - Criminal Justice and Substance Abuse › Part 3 - Utah Substance Use and Mental Health Advisory Council › Section 304 - Chair -- Vacancies -- Quorum -- Expenses.

Affected by 63I-1-263 on 1/1/2033
63M-7-304.
Chair -- Vacancies -- Quorum -- Expenses.
(1) The members of each committee established by the council shall annually select a chair or co-chairs from among the members of the committee.
(2) When a vacancy occurs in the membership for any reason, the replacement shall be appointed for the unexpired term in the same manner as the position was originally filled.
(3) A majority of the members of a committee constitutes a quorum for the transaction of business by the committee.
(4) A member may not receive compensation or benefits for the member's service, but may receive per diem and travel expenses in accordance with:
(a) Section 63A-3-106;
(b) Section 63A-3-107; and
(c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and 63A-3-107.
Amended by Chapter 39, 2010 General Session
Amended by Chapter 286, 2010 General Session
2023 Utah Code › Title 63M - Governor's Programs › Chapter 7 - Criminal Justice and Substance Abuse › Part 3 - Utah Substance Use and Mental Health Advisory Council › Section 305 - Drug-Related Offenses Reform Act -- Coordination.

Affected by 63I-1-263 on 1/1/2033
Effective 7/1/2021
63M-7-305.
Drug-Related Offenses Reform Act -- Coordination.
(1) As used in this section:
(a) "Council" means the Utah Substance Use and Mental Health Advisory Council.
(b) "Drug-Related Offenses Reform Act" and "act" mean the screening, assessment, substance use disorder treatment, and supervision provided to convicted persons under Subsection 77-18-104(2) to:
(i) determine a person's specific substance use disorder treatment needs as early as possible in the judicial process;
(ii) expand treatment resources for persons in the community;
(iii) integrate a person's treatment with supervision by the Department of Corrections; and
(iv) reduce the incidence of substance use disorders and related criminal conduct.
(c) "Substance abuse authority" means the same as that term is defined in Section 17-43-201.
(2) The council shall provide ongoing oversight of the implementation, functions, and evaluation of the Drug-Related Offenses Reform Act.
(3) The council shall develop an implementation plan for the Drug-Related Offenses Reform Act. The plan shall:
(a) identify local substance abuse authority areas where the act will be implemented, in cooperation with the Division of Substance Abuse and Mental Health, the Department of Corrections, and the local substance abuse authorities;
(b) include guidelines for local substance abuse authorities and the Utah Department of Corrections on how funds appropriated under the act should be used, including eligibility requirements for convicted persons who participate in services funded by the act, that are consistent with the recommendations of the Commission on Criminal and Juvenile Justice for reducing recidivism; and
(c) require that treatment plans under the act are appropriate for persons involved in the criminal justice system.
Amended by Chapter 260, 2021 General Session
2023 Utah Code › Title 63M - Governor's Programs › Chapter 7 - Criminal Justice and Substance Abuse › Part 3 - Utah Substance Use and Mental Health Advisory Council › Section 306 - Staffing.

Affected by 63I-1-263 on 1/1/2033
63M-7-306.
Staffing.
The Commission on Criminal and Juvenile Justice shall provide staff to the council and any committee established by the council.
Amended by Chapter 39, 2010 General Session
2023 Utah Code › Title 63M - Governor's Programs › Chapter 7 - Criminal Justice and Substance Abuse › Part 4 - Sentencing Commission › Section 401 - Creation -- Members -- Appointment -- Qualifications.

Effective 5/5/2021
63M-7-401.
Creation -- Members -- Appointment -- Qualifications.
(1) There is created a state commission to be known as the Sentencing Commission composed of 28 members. The commission shall develop by-laws and rules in compliance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and elect its officers.
(2) The commission's members shall be:
(a) two members of the House of Representatives, appointed by the speaker of the House and not of the same political party;
(b) two members of the Senate, appointed by the president of the Senate and not of the same political party;
(c) the executive director of the Department of Corrections or a designee appointed by the executive director;
(d) the director of the Division of Juvenile Justice Services or a designee appointed by the director;
(e) the executive director of the Commission on Criminal and Juvenile Justice or a designee appointed by the executive director;
(f) the chair of the Board of Pardons and Parole or a designee appointed by the chair;
(g) the chair of the Youth Parole Authority or a designee appointed by the chair;
(h) two trial judges and an appellate judge appointed by the chair of the Judicial Council;
(i) two juvenile court judges designated by the chair of the Judicial Council;
(j) an attorney in private practice who is a member of the Utah State Bar, experienced in criminal defense, and appointed by the Utah Bar Commission;
(k) an attorney who is a member of the Utah State Bar, experienced in the defense of minors in juvenile court, and appointed by the Utah Bar Commission;
(l) the director of Salt Lake Legal Defenders or a designee appointed by the director;
(m) the attorney general or a designee appointed by the attorney general;
(n) a criminal prosecutor appointed by the Statewide Association of Public Attorneys;
(o) a juvenile court prosecutor appointed by the Statewide Association of Public Attorneys;
(p) a representative of the Utah Sheriff's Association appointed by the governor;
(q) a chief of police appointed by the governor;
(r) a licensed professional appointed by the governor who assists in the rehabilitation of adult offenders;
(s) a licensed professional appointed by the governor who assists in the rehabilitation of juvenile offenders;
(t) two members from the public appointed by the governor who exhibit sensitivity to the concerns of victims of crime and the ethnic composition of the population;
(u) one member from the public at large appointed by the governor; and
(v) a representative of an organization that specializes in civil rights or civil liberties on behalf of incarcerated individuals appointed by the governor.
Amended by Chapter 173, 2021 General Session
2023 Utah Code › Title 63M - Governor's Programs › Chapter 7 - Criminal Justice and Substance Abuse › Part 4 - Sentencing Commission › Section 402 - Terms of members -- Vacancies -- Reappointment.

Effective 5/12/2020
63M-7-402.
Terms of members -- Vacancies -- Reappointment.
(1)
(a) Except as required by Subsection (1)(b), as terms of current commission members expire, the appointing authority shall appoint each new member or reappointed member to a four-year term.
(b) Notwithstanding the requirements of Subsection (1)(a), the appointing authority shall, at the time of appointment or reappointment, adjust the length of terms to ensure that the terms of commission members are staggered so that approximately half of the commission is appointed every two years.
(2) When a vacancy occurs in the membership for any reason, the replacement shall be appointed for the unexpired term.
Amended by Chapter 154, 2020 General Session
2023 Utah Code › Title 63M - Governor's Programs › Chapter 7 - Criminal Justice and Substance Abuse › Part 4 - Sentencing Commission › Section 403 - Vacancies.

63M-7-403.
Vacancies.
If a commission member no longer holds a qualifying position, resigns, or is unable to serve, the vacancy shall be filled by the appointing authority.
Renumbered and Amended by Chapter 382, 2008 General Session
2023 Utah Code › Title 63M - Governor's Programs › Chapter 7 - Criminal Justice and Substance Abuse › Part 4 - Sentencing Commission › Section 406 - Publication of reports.

63M-7-406.
Publication of reports.
The commission shall also be authorized to prepare, publish, and distribute from time to time reports of its studies, recommendations, and statements.
Renumbered and Amended by Chapter 382, 2008 General Session
2023 Utah Code › Title 63M - Governor's Programs › Chapter 7 - Criminal Justice and Substance Abuse › Part 5 - Utah Office for Victims of Crime › Section 501 - Title.

63M-7-501.
Title.
This part is known as the "Utah Office for Victims of Crime" and may be abbreviated as the "UOVC."
Amended by Chapter 131, 2011 General Session
2023 Utah Code › Title 63M - Governor's Programs › Chapter 7 - Criminal Justice and Substance Abuse › Part 5 - Utah Office for Victims of Crime › Section 504 - Crime Victim Reparations and Assistance Board -- Members.

Affected by 63I-1-263 on 7/1/2027
Effective 1/1/2021
63M-7-504.
Crime Victim Reparations and Assistance Board -- Members.
(1)
(a) A Crime Victim Reparations and Assistance Board is created, consisting of seven members appointed by the governor with the advice and consent of the Senate in accordance with Title 63G, Chapter 24, Part 2, Vacancies.
(b) The membership of the board shall consist of:
(i) a member of the bar of this state;
(ii) a victim of criminally injurious conduct;
(iii) a licensed physician;
(iv) a representative of law enforcement;
(v) a mental health care provider;
(vi) a victim advocate; and
(vii) a private citizen.
(c) The governor may appoint a chair of the board who shall serve for a period of time prescribed by the governor, not to exceed the length of the chair's term. The board may elect a vice chair to serve in the absence of the chair.
(d) The board may hear appeals from administrative decisions as provided in rules adopted pursuant to Section 63M-7-515.
(2)
(a) Except as required by Subsection (2)(b), as terms of current board members expire, the governor shall appoint each new member or reappointed member to a four-year term.
(b) Notwithstanding the requirements of Subsection (2)(a), the governor shall, at the time of appointment or reappointment, adjust the length of terms to ensure that the terms of board members are staggered so that approximately half of the board is appointed every two years.
(c) A member may be reappointed to one successive term in addition to a member's initial full-term appointment.
(3)
(a) When a vacancy occurs in the membership for any reason, the replacement shall be appointed for the unexpired term.
(b) A member resigning from the board shall serve until the member's successor is appointed and qualified.
(4) A member may not receive compensation or benefits for the member's service, but may receive per diem and travel expenses in accordance with:
(a) Section 63A-3-106;
(b) Section 63A-3-107; and
(c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and 63A-3-107.
(5) The board shall meet at least once quarterly but may meet more frequently as necessary.
(6) A member shall comply with the conflict of interest provisions described in Title 63G, Chapter 24, Part 3, Conflicts of Interest.
Amended by Chapter 352, 2020 General Session
Amended by Chapter 373, 2020 General Session
2023 Utah Code › Title 63M - Governor's Programs › Chapter 7 - Criminal Justice and Substance Abuse › Part 5 - Utah Office for Victims of Crime › Section 505 - Board and office within Commission on Criminal and Juvenile Justice.

Effective 5/12/2020
63M-7-505.
Board and office within Commission on Criminal and Juvenile Justice.
(1) The board and the office are placed within the Commission on Criminal and Juvenile Justice for the provision by the commission of administrative and support services.
(2) The board or the director may request assistance from the Commission on Criminal and Juvenile Justice, the Department of Public Safety, and other state agencies in conducting research or monitoring victims' programs.
Amended by Chapter 149, 2020 General Session
2023 Utah Code › Title 63M - Governor's Programs › Chapter 7 - Criminal Justice and Substance Abuse › Part 5 - Utah Office for Victims of Crime › Section 506 - Functions of board.

Effective 5/12/2020
63M-7-506.
Functions of board.
(1) The board shall:
(a) adopt a description of the office and prescribe the general operation of the board;
(b) prescribe policy for the office;
(c) adopt rules to implement and administer this part in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, which may include setting of ceilings on reparations, defining of terms not specifically stated in this part, and establishing of rules governing attorney fees;
(d) prescribe forms for applications for reparations;
(e) review all reparations awards made by the reparations staff, although the board may not reverse or modify reparations awards authorized by the reparations staff;
(f) render an annual report to the governor and the Legislature regarding the staff's and the board's activities;
(g) cooperate with the director and the director's staff in formulating standards for the uniform application of Section 63M-7-509, taking into consideration the rates and amounts of reparation payable for injuries and death under other laws of this state and the United States;
(h) allocate money available in the fund to victims of criminally injurious conduct for reparations claims;
(i) allocate money available to other victim services as provided by administrative rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, once a sufficient reserve has been established for reparation claims; and
(j) approve the allocation and disbursement of funds made available to the office by the United States, the state, foundations, corporations, or other entities or individuals to subgrantees from private, non-profit, and governmental entities operating qualified statewide assistance programs.
(2) All rules, or other statements of policy, along with application forms specified by the board, are binding upon the director, the reparations officers, assistance officers, and other staff.
Amended by Chapter 149, 2020 General Session
2023 Utah Code › Title 63M - Governor's Programs › Chapter 7 - Criminal Justice and Substance Abuse › Part 5 - Utah Office for Victims of Crime › Section 507 - Director -- Appointment and functions.

Effective 5/12/2020
63M-7-507.
Director -- Appointment and functions.
(1) The executive director of the Commission on Criminal and Juvenile Justice, after consulting with the board, shall appoint a director to carry out the provisions of this part.
(2) The director shall:
(a) be an experienced administrator with a background in at least one of the following fields:
(i) social work;
(ii) psychology;
(iii) criminal justice;
(iv) law; or
(v) another field related to the fields described in Subsections (2)(a)(i) through (iv);
(b) demonstrate an understanding of the needs of crime victims and of services to victims; and
(c) devote the director's time and capacity to the director's duties.
(3) In addition to the requirements under Subsection (2), the director shall:
(a) hire staff, including reparations and assistance officers, as necessary;
(b) act when necessary as a reparations officer in deciding an initial reparations claim;
(c) possess the same investigation and decision-making authority as the reparations officers;
(d) hear appeals from the decisions of the reparations officers, unless the director acted as a reparations officer on the initial reparations claim;
(e) serve as a liaison between the office and the board;
(f) serve as the public relations representative of the office;
(g) provide for payment of all administrative salaries, fees, and expenses incurred by the staff of the board, to be paid out of appropriations from the fund;
(h) cooperate with the state treasurer and the state Division of Finance in causing the funds in the fund to be invested and the fund's investments sold or exchanged and the proceeds and income collected;
(i) apply for, receive, allocate, disburse, and account for, subject to approval and in conformance with policies adopted by the board, all grant funds made available by the United States, the state, foundations, corporations, and other businesses, agencies, or individuals;
(j) obtain and utilize the services of other governmental agencies upon request; and
(k) act in any other capacity or perform any other acts necessary for the office or board to successfully fulfill the office's or board's statutory duties and objectives.
Amended by Chapter 149, 2020 General Session
2023 Utah Code › Title 63M - Governor's Programs › Chapter 7 - Criminal Justice and Substance Abuse › Part 5 - Utah Office for Victims of Crime › Section 508 - Reparations officers.

Effective 5/12/2020
63M-7-508.
Reparations officers.
The reparations officers shall in addition to any assignments made by the director:
(1) hear and determine all matters relating to a reparations claim and reinvestigate or reopen a reparations claim without regard to statutes of limitation or periods of prescription;
(2) obtain from prosecuting attorneys, law enforcement officers, and other criminal justice agencies, investigations and data to enable the reparations officer to determine whether and to what extent a claimant qualifies for reparations;
(3) as determined necessary by the reparations officers, hold hearings, administer oaths or affirmations, examine any individual under oath or affirmation, issue subpoenas requiring the attendance and giving of testimony of witnesses, require the production of any books, papers, documents, or other evidence which may contribute to the reparations officer's ability to determine particular reparation awards;
(4) determine who is a victim or dependent;
(5) award reparations or other benefits determined to be due under this part and the rules of the board made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;
(6) take notice of judicially recognized facts and general, technical, and scientific facts within the reparations officers' specialized knowledge;
(7) advise and assist the board in developing policies recognizing the rights, needs, and interests of crime victims;
(8) render periodic reports as requested by the board concerning:
(a) the reparations officers' activities; and
(b) the manner in which the rights, needs, and interests of crime victims are being addressed by the state's criminal justice system;
(9) establish priorities for assisting elderly victims of crime or those victims facing extraordinary hardships;
(10) cooperate with the State Commission on Criminal and Juvenile Justice to develop information regarding crime victims' problems and programs; and
(11) assist the director in publicizing the provisions of the office, including the procedures for obtaining reparation, and in encouraging law enforcement agencies, health providers, and other related officials to take reasonable care to ensure that victims are informed about the provisions of this part and the procedure for applying for reparation.
Amended by Chapter 149, 2020 General Session
2023 Utah Code › Title 63M - Governor's Programs › Chapter 7 - Criminal Justice and Substance Abuse › Part 5 - Utah Office for Victims of Crime › Section 509 - Grounds for eligibility.

Effective 5/4/2022
63M-7-509.
Grounds for eligibility.
(1) A victim is eligible for a reparations award under this part if:
(a) the claimant is:
(i) a victim of criminally injurious conduct;
(ii) a dependent of a deceased victim of criminally injurious conduct; or
(iii) a representative acting on behalf of one of the above;
(b)
(i) the criminally injurious conduct occurred in Utah; or
(ii) the victim is a Utah resident who suffers injury or death as a result of criminally injurious conduct inflicted in a state, territory, or country that does not provide a crime victims' compensation program;
(c) the application is made in writing in a form that conforms substantially to that prescribed by the board;
(d) the criminally injurious conduct is reported to a law enforcement officer, in the law enforcement officer's capacity as a law enforcement officer, or another federal or state investigative agency;
(e) the claimant or victim cooperates with the appropriate law enforcement agencies and prosecuting attorneys in efforts to apprehend or convict the perpetrator of the alleged offense; and
(f) the criminally injurious conduct occurred after December 31, 1986.
(2) A reparations award may be made to a victim regardless of whether any individual is arrested, prosecuted, or convicted of the criminally injurious conduct giving rise to a reparations claim.
(3)
(a) Notwithstanding the requirements of Subsections (1)(d) and (e), a victim of sexual assault is not required to report the sexual assault to a law enforcement officer or another federal or state investigative agency or cooperate with the appropriate law enforcement agencies and prosecuting attorneys to be eligible for a reparations award under this section if:
(i) the victim seeks assistance from an advocacy services provider, a criminal justice system victim advocate, or a nongovernment organization victim advocate; and
(ii) the advocacy services provider, the criminal justice system victim advocate, or the nongovernment organization victim advocate completes a questionnaire, provided by the office, regarding the sexual assault.
(b) Notwithstanding the requirement of Subsection (1)(e), a victim who has suffered strangulation in the course of interpersonal violence is not required to cooperate with the appropriate law enforcement agencies and prosecuting attorneys to be eligible for a reparations award under this section if the victim:
(i) reports the strangulation to a law enforcement officer or another federal or state investigative agency after the strangulation occurs; or
(ii) seeks medical care for the strangulation immediately after the strangulation occurs.
Amended by Chapter 148, 2022 General Session
2023 Utah Code › Title 63M - Governor's Programs › Chapter 7 - Criminal Justice and Substance Abuse › Part 5 - Utah Office for Victims of Crime › Section 510 - Ineligible individuals -- Fraudulent reparations claims -- Penalties.

Effective 5/12/2020
63M-7-510.
Ineligible individuals -- Fraudulent reparations claims -- Penalties.
(1) The following individuals are not eligible to receive a reparations award:
(a) an individual who does not meet all of the provisions set forth in Section 63M-7-509;
(b) the offender;
(c) an accomplice of the offender;
(d) an individual whose receipt of a reparations award would unjustly benefit the offender, accomplice, or another individual reasonably suspected of participating in the offense;
(e) the victim of a motor vehicle injury who was the owner or operator of the motor vehicle and was not at the time of the injury in compliance with the state motor vehicle insurance laws;
(f) a convicted offender serving a sentence of imprisonment in any prison or jail or residing in any other correctional facility;
(g) an individual who is on probation or parole if the circumstances surrounding the offense of which the individual is a victim is a violation of the individual's probation or parole;
(h) an individual whose injuries are the result of criminally injurious conduct that occurred in a prison, jail, or another correctional facility while the individual was incarcerated; and
(i) an individual who:
(i) submits a fraudulent claim; or
(ii) misrepresents a material fact in requesting a reparations award.
(2)
(a) An individual may not knowingly:
(i) submit a fraudulent claim; or
(ii) misrepresent a material fact in requesting a reparations award.
(b) A violation of Subsection (2)(a) is:
(i) a class B misdemeanor if:
(A) the individual who violates Subsection (2)(a) does not receive a reparations award; or
(B) the value of the reparations award received is less than $500;
(ii) a class A misdemeanor if the value of the reparations award received is or exceeds $500 but is less than $1,500;
(iii) a third degree felony if the value of the reparations award received is or exceeds $1,500 but is less than $5,000; and
(iv) a second degree felony if the value of the reparations award received is or exceeds $5,000.
(3) The state attorney general may prosecute violations under this section or may make arrangements with county or city attorneys for the prosecution of violations under this section when the attorney general cannot conveniently prosecute.
(4)
(a) A claimant who is not eligible to receive a reparations award under Subsection (1) but receives a reparations award shall reimburse the fund for the amount of the reparations award.
(b) The office may bring a civil action against a victim who does not reimburse the fund for the amount of the reparations award in accordance with Subsection (4)(a).
Amended by Chapter 149, 2020 General Session
2023 Utah Code › Title 63M - Governor's Programs › Chapter 7 - Criminal Justice and Substance Abuse › Part 5 - Utah Office for Victims of Crime › Section 511.5 - Limitation of reparations awards.

Effective 5/12/2020
63M-7-511.5.
Limitation of reparations awards.
(1)
(a) Except as provided in Subsection (1)(b), a reparations award may not exceed $25,000.
(b) Notwithstanding Subsection (1)(a), a reparations award for medical expenses resulting from serious bodily injury or substantial bodily injury may not exceed $50,000.
(2)
(a) A reparations award under Subsection (1) includes any reparations award for a secondary victim.
(b) Unless otherwise requested by the claimant, the office shall pay a reparations award for the victim before a reparations award for a secondary victim.
(c) The reparations officer shall determine the priority of payment among multiple secondary victims on a single reparations claim.
Amended by Chapter 149, 2020 General Session
2023 Utah Code › Title 63M - Governor's Programs › Chapter 7 - Criminal Justice and Substance Abuse › Part 5 - Utah Office for Victims of Crime › Section 512 - Reparations reduction.

Effective 5/12/2020
63M-7-512.
Reparations reduction.
(1) Reparations otherwise payable to a claimant may be reduced or denied as follows:
(a) the economic loss upon which the claim is based has been or could be recouped from other persons, including collateral sources;
(b) the reparations officer considers the reparations claim unreasonable because of the misconduct of the claimant; or
(c) the victim did not use a facility or health care provider which would be covered by a collateral source.
(2) When two or more dependents are entitled to a reparations award as a result of a victim's death, the reparations officer shall apportion the reparations award among the dependents.
Amended by Chapter 149, 2020 General Session
2023 Utah Code › Title 63M - Governor's Programs › Chapter 7 - Criminal Justice and Substance Abuse › Part 5 - Utah Office for Victims of Crime › Section 513 - Collateral sources.

Effective 5/4/2022
63M-7-513.
Collateral sources.
(1)
(a) An order for restitution may not be considered readily available as a collateral source.
(b) Receipt of a reparations award under this part is considered an assignment of the victim's rights to restitution from the offender.
(2)
(a) The victim may not discharge a claim against an individual or entity without the office's written permission.
(b) The victim shall fully cooperate with the office in pursuing the office's right of reimbursement, including providing the office with any evidence in the victim's possession.
(3) The office's right of reimbursement applies regardless of whether the victim is fully compensated for the victim's losses.
(4) Notwithstanding Subsection 63M-7-512(1)(a), a victim of a sexual offense who requests testing of the victim's self may be reimbursed for the costs of the HIV test only as provided in Subsection 53-10-803(4).
Amended by Chapter 430, 2022 General Session