Superseded 7/1/2023)
Superseded 7/1/2023
53B-35-201. Higher Education and Corrections Council.
| (1) |
There is created the Higher Education and Corrections Council to advise the board, the Education Interim Committee, and the Higher Education Appropriations Subcommittee regarding the development and delivery of accredited higher education curriculum to incarcerated individuals in the state correctional system. |
Terms Used In Utah Code 53B-35-201
- Board: means the Utah Board of Higher Education described in Section 53B-1-402. See Utah Code 53B-1-101.5
- Commissioner: means the commissioner of higher education appointed in accordance with Section 53B-1-408. See Utah Code 53B-1-101.5
- council: means the Higher Education and Corrections Council created in Section 53B-35-201. See Utah Code 53B-35-101
- degree-granting institution: means an institution of higher education described in Subsection 53B-1-102(1)(a). See Utah Code 53B-1-101.5
- Quorum: The number of legislators that must be present to do business.
- Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
- 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
- Technical college: means an institution of higher education described in Subsection 53B-1-102(1)(b). See Utah Code 53B-1-101.5
| (2) |
The council consists of the following 13 members:
| (a) |
a member of the House of Representatives whom the speaker of the House of Representatives appoints; |
| (b) |
a member of the Senate whom the president of the Senate appoints; |
| (c) |
two members of the board whom the chair of the board appoints:
| (i) |
one member having expertise in technical colleges; and |
| (ii) |
one member having expertise in general education; |
|
| (d) |
the commissioner or the commissioner’s designee; |
| (e) |
the following two members whom the commissioner appoints and who are engaged in prison education and have expertise in transfer articulation:
| (i) |
one employee of a technical college; and |
| (ii) |
one employee of a degree-granting institution; |
|
| (f) |
the following two members whom the governor appoints:
| (i) |
an individual who actively researches higher education delivered in a corrections setting using evidence-based practices; and |
| (ii) |
a formerly incarcerated individual who participated in postsecondary educational programs while incarcerated; |
|
| (g) |
one member of the Board of Pardons and Parole whom the chair of the Board of Pardons and Parole appoints; |
| (h) |
the executive director of the Department of Corrections or the executive director’s designee; |
| (i) |
one employee of the Department of Corrections with expertise in education whom the executive director of the Department of Corrections appoints; and |
| (j) |
the executive director of the Department of Workforce Services or the executive director’s designee. |
|
| (3) |
| (a) |
The members described in Subsections (2)(a) and (2)(b) shall serve as co-chairs of the council. |
| (b) |
| (i) |
Except as provided under Subsection (3)(b)(ii), an appointed member of the council shall serve a term of two years. |
| (ii) |
A council member’s term ends on the day on which the member’s status that allows the member to serve on the council under Subsection (2) ends. |
|
| (c) |
The individuals authorized to make appointments under Subsection (2) shall make the respective appointments:
| (i) |
for the initial appointments, before July 1, 2022; |
| (ii) |
for subsequent terms, before July 1 of each odd-numbered year, by:
| (A) |
reappointing the council member whose term expires under Subsection (3)(b)(i); or |
| (B) |
appointing a new council member; and |
|
| (iii) |
in the case of a vacancy created under Subsection (3)(b)(ii), for the remainder of the vacated term. |
|
| (d) |
The individual authorized to make appointments under Subsection (2) may change the relevant appointment described in Subsection (2) at any time for the remainder of the existing term. |
|
| (4) |
| (a) |
The salary and expenses of a council member who is a legislator shall be paid in accordance with Section 36-2-2 and Legislative Joint Rules, Title 5, Chapter 3, Legislator Compensation. |
| (b) |
A council member who is not a legislator:
| (i) |
may not receive compensation or benefits for the member’s service on the council; and |
| (ii) |
may receive per diem and reimbursement for travel expenses that the council member incurs as a council member at the rates that the Division of Finance establishes under:
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| (5) |
| (a) |
A majority of the council members constitutes a quorum. |
| (b) |
The action of a majority of a quorum constitutes an action of the council. |
|
| (6) |
The commissioner shall provide staff support to the council. |
Enacted by Chapter 147, 2022 General Session
Technically renumbered to avoid duplication of enacted Chapter also enacted in SB 226, Chapter 461, and HB 346, Chapter 368.
