Utah Code 63M-7-401.2. Creation — Members — Appointment — Qualifications
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(1) There is created the sentencing commission, within the commission, that is composed of 15 voting members.
Terms Used In Utah Code 63M-7-401.2
- Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
- Commission: means the State Commission on Criminal and Juvenile Justice created in Section
63M-7-201 . See Utah Code 63M-7-101.5 - Defense attorney: Represent defendants in criminal matters.
- Juvenile: means a minor as that term is defined in Section
80-1-102 . See Utah Code 63M-7-401.1 - Offense: means a felony, a misdemeanor, an infraction, or an adjudication under the laws of this state, another state, or the United States. See Utah Code 63M-7-401.1
- Oversight: Committee review of the activities of a Federal agency or program.
- Sentencing commission: means the sentencing commission created in Section
Utah Code 63M-7-401.1 - 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
(2) The sentencing commission shall:
(2)(a) develop by-laws and rules in compliance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; and
(2)(b) elect the sentencing commission’s officers.
(3) The sentencing commission’s members shall be:
(3)(a) the executive director of the Department of Corrections or the executive director’s designee;
(3)(b) the director of the Division of Juvenile Justice and Youth Services or the director’s designee;
(3)(c) the executive director of the commission or the executive director’s designee;
(3)(d) the chair of the Board of Pardons and Parole or the chair’s designee;
(3)(e) the state court administrator or the state court administrator’s designee;
(3)(f) a criminal defense attorney, appointed by the Utah Association of Criminal Defense Lawyers;
(3)(g) an indigent defense attorney, appointed by the Indigent Defense Commission;
(3)(h) the attorney general or the attorney general’s designee;
(3)(i) a criminal prosecutor, appointed by the Statewide Association of Public Attorneys and Prosecutors;
(3)(j) a representative of the Utah Sheriff’s Association appointed by the governor;
(3)(k) a licensed professional, appointed by the governor, who assists in the rehabilitation of individuals convicted of an offense;
(3)(l) the chair of the Utah Victim Services Commission or a member of the Utah Victim Services Commission designated by the chair;
(3)(m) the chair of the Juvenile Justice Oversight Committee or a member of the Juvenile Justice Oversight Committee designated by the chair;
(3)(n) a juvenile prosecuting attorney, appointed by the Statewide Association of Public Attorneys and Prosecutors; and
(3)(o) a juvenile defense attorney, appointed by the Utah Association of Criminal Defense Lawyers.
(4) In addition to the members described in Subsection (3), the following may serve as non-voting members:
(4)(a) a district court judge appointed by the Judicial Council; and
(4)(b) a juvenile court judge appointed by the Judicial Council.
(5) The executive director of the commission shall hire a director of the sentencing commission to administer and manage the sentencing commission.