Utah Code 63M-7-208. Juvenile justice oversight — Delegation — Effective dates
Current as of: 2024 | Check for updates
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(1) The State Commission on Criminal and Juvenile Justice shall:
Terms Used In Utah Code 63M-7-208
- Commission: means the State Commission on Criminal and Juvenile Justice created in Section
63M-7-201 . See Utah Code 63M-7-101.5 - Contract: A legal written agreement that becomes binding when signed.
- Intervention: means a program, sanction, supervision, or event that may impact recidivism. See Utah Code 63M-7-101.5
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Recidivism: means a return to criminal activity after a previous criminal conviction. See Utah Code 63M-7-101.5
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
(1)(a) support implementation and expansion of evidence-based juvenile justice programs and practices, including assistance regarding implementation fidelity, quality assurance, and ongoing evaluation;
(1)(b) examine and make recommendations on the use of third-party entities or an intermediary organization to assist with implementation and to support the performance-based contracting system authorized in Subsection (1)(m);
(1)(c) oversee the development of performance measures to track juvenile justice reforms, and ensure early and ongoing stakeholder engagement in identifying the relevant performance measures;
(1)(d) evaluate currently collected data elements throughout the juvenile justice system and contract reporting requirements to streamline reporting, reduce redundancies, eliminate inefficiencies, and ensure a focus on recidivism reduction;
(1)(e) review averted costs from reductions in out-of-home placements for juvenile justice youth placed with the Division of Juvenile Justice and Youth Services and the Division of Child and Family Services, and make recommendations to prioritize the reinvestment and realignment of resources into community-based programs for youth living at home, including the following:
(1)(e)(i) statewide expansion of:
(1)(e)(i)(A) juvenile receiving centers, as defined in Section 80-1-102 ;
(1)(e)(i)(B) mobile crisis outreach teams, as defined in Section 26B-5-101 ;
(1)(e)(i)(C) youth courts; and
(1)(e)(i)(D) victim-offender mediation;
(1)(e)(ii) statewide implementation of nonresidential diagnostic assessment;
(1)(e)(iii) statewide availability of evidence-based programs and practices including cognitive behavioral and family therapy programs for minors assessed by a validated risk and needs assessment as moderate or high risk;
(1)(e)(iv) implementation and infrastructure to support the sustainability and fidelity of evidence-based juvenile justice programs, including resources for staffing, transportation, and flexible funds; and
(1)(e)(v) early intervention programs such as family strengthening programs, family wraparound services, and proven truancy interventions;
(1)(f) assist the Administrative Office of the Courts in the development of a statewide sliding scale for the assessment of fines, fees, and restitution, based on the ability of the minor’s family to pay;
(1)(g) analyze the alignment of resources and the roles and responsibilities of agencies, such as the operation of early intervention services, receiving centers, and diversion, and make recommendations to reallocate functions as appropriate, in accordance with Section 80-5-401 ;
(1)(h) comply with the data collection and reporting requirements under Section 80-6-104 ;
(1)(i) develop a reasonable timeline within which all programming delivered to minors in the juvenile justice system must be evidence-based or consist of practices that are rated as effective for reducing recidivism by a standardized program evaluation tool;
(1)(j) provide guidelines to be considered by the Administrative Office of the Courts and the Division of Juvenile Justice and Youth Services in developing tools considered by the Administrative Office of the Courts and the Division of Juvenile Justice and Youth Services in developing or selecting tools to be used for the evaluation of juvenile justice programs;
(1)(k) develop a timeline to support improvements to juvenile justice programs to achieve reductions in recidivism and review reports from relevant state agencies on progress toward reaching that timeline;
(1)(l) subject to Subsection (2), assist in the development of training for juvenile justice stakeholders, including educators, law enforcement officers, probation staff, judges, Division of Juvenile Justice and Youth Services staff, Division of Child and Family Services staff, and program providers;
(1)(m) subject to Subsection (3), assist in the development of a performance-based contracting system, which shall be developed by the Administrative Office of the Courts and the Division of Juvenile Justice and Youth Services for contracted services in the community and contracted out-of-home placement providers;
(1)(n) assist in the development of a validated detention risk assessment tool that is developed or adopted and validated by the Administrative Office of the Courts and the Division of Juvenile Justice and Youth Services as provided in Section 80-5-203 ; and
(1)(o) annually issue and make public a report to the governor, president of the Senate, speaker of the House of Representatives, and chief justice of the Utah Supreme Court on the progress of the reforms and any additional areas in need of review.
(2) Training described in Subsection (1)(l) should include instruction on evidence-based programs and principles of juvenile justice, such as risk, needs, responsivity, and fidelity, and shall be supplemented by the following topics:
(2)(a) adolescent development;
(2)(b) identifying and using local behavioral health resources;
(2)(c) cross-cultural awareness;
(2)(d) graduated responses;
(2)(e) Utah juvenile justice system data and outcomes; and
(2)(f) gangs.
(3) The system described in Subsection (1)(m) shall provide incentives for:
(3)(a) the use of evidence-based juvenile justice programs and practices rated as effective by the tools selected in accordance with Subsection (1)(j);
(3)(b) the use of three-month timelines for program completion; and
(3)(c) evidence-based programs and practices for minors living at home in rural areas.
(4) The State Commission on Criminal and Juvenile Justice may delegate the duties imposed under this section to a subcommittee or board established by the State Commission on Criminal and Juvenile Justice in accordance with Subsection 63M-7-204 (2).