63M-7-102. Recidivism metrics — Reporting.
| (1) |
For purposes of this chapter:
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Terms Used In Utah Code 63M-7-102- Arrest: Taking physical custody of a person by lawful authority.
- Conviction: A judgement of guilt against a criminal defendant.
- 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
- Statute: A law passed by a legislature.
| (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. |
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| (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. |
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| (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; |
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| (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 |
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| (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. |
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| (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:
| (ii) |
an admission to prison; |
| (iii) |
a criminal charge; or |
| (iv) |
a criminal conviction. |
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Enacted by Chapter 177, 2023 General Session
