63M-7-802. Sex Offense Management Board – Creation – Members appointment – Qualifications – Terms.
| (1) |
There is created within the commission the Sex Offense Management Board consisting of the following members:
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Terms Used In Utah Code 63M-7-802- Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
- Board: means the Sex Offense Management Board created in Section 63M-7-802. See Utah Code 63M-7-801
- Commission: means the State Commission on Criminal and Juvenile Justice created in Section 63M-7-201. See Utah Code 63M-7-801
- Defense attorney: Represent defendants in criminal matters.
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- 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
| (a) |
the executive director of the Department of Corrections, or the executive director’s designee; |
| (b) |
the commissioner of the Department of Public Safety, or the commissioner’s designee; |
| (c) |
the attorney general, or the attorney general’s designee; |
| (d) |
an officer with the adult probation and parole section of the Department of Corrections with experience supervising adults convicted of sex offenses, appointed by the executive director of the Department of Corrections; |
| (e) |
the executive director of the Department of Health and Human Services, or the executive director’s designee; |
| (f) |
an individual who represents the Administrative Office of the Courts appointed by the state court administrator; |
| (g) |
the director of the Utah Office for Victims of Crime, or the director’s designee; |
| (h) |
the director of the Division of Juvenile Justice Services, or the director’s designee; |
| (i) |
the chair of the Board of Pardons and Parole, or the chair’s designee; and |
| (j) |
nine individuals appointed by the executive director of the commission, including:
| (i) |
the following two individuals licensed under Title 58, Chapter 60, Mental Health Professional Practice Act:
| (A) |
an individual with experience in the treatment of adults convicted of sex offenses in the community; |
| (B) |
an individual with experience in the treatment of juveniles adjudicated of sex offenses in the community; |
|
| (ii) |
an individual who represents an association of criminal defense attorneys; |
| (iii) |
an individual who is a criminal defense attorney experienced in indigent criminal defense; |
| (iv) |
an individual who represents an association of prosecuting attorneys; |
| (v) |
an individual who represents law enforcement; |
| (vi) |
an individual who represents an association of criminal justice victim advocates; |
| (vii) |
an individual who is a clinical polygraph examiner experienced in providing polygraph examinations to individuals convicted of sex offenses; and |
| (viii) |
an individual who has been previously convicted of a sex offense and has successfully completed treatment and supervision for the offense. |
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| (2) |
| (a) |
A member described in Subsection (1)(j) shall serve a four-year term. |
| (b) |
If a vacancy occurs among a member described in Subsection (1)(j), the executive director of the commission may appoint a new individual to fill the remainder of the term. |
| (c) |
When a term of a member described in Subsection (1)(j) expires, the executive director of the commission shall appoint a new member or reappoint the member whose term has expired to a new four-year term. |
|
| (3) |
The members of the board shall vote on a chair and co-chair of the board from among the members described in Subsection (1) to serve a two-year term. |
| (4) |
A majority of the board constitutes a quorum. |
| (5) |
A board member may not receive compensation or benefits for the member’s service on the board, but may receive per diem and reimbursement for travel expenses incurred as a board member at rates established by the Division of Finance under:
|
| (6) |
The commission shall provide staff support to the board. |
| (7) |
The board shall meet at least six times per year on dates the board sets. |
Enacted by Chapter 155, 2023 General Session
