Superseded 7/1/2024)

Superseded 7/1/2024
63M-7-209.  Trauma-informed justice program.

(1)  As used in this section:

criminal case

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Terms Used In Utah Code 63M-7-209

  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
  • Quorum: The number of legislators that must be present to do business.
  • 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
  • Victim advocate: work with prosecutors and assist the victims of a crime.
(a)  “Committee” means the Multi-Disciplinary Trauma-Informed Committee created under Subsection (2).

(b)  “First responder” includes:

(i)  a law enforcement officer, as defined in Section 53-13-103;

(ii)  emergency medical service personnel, as defined in Section 26B-4-101; and

(iii)  a firefighter.

(c)  “Trauma-informed” means a policy, procedure, program, or practice that demonstrates an ability to minimize retraumatization associated with the criminal and juvenile justice system.

(d)  “Victim” means the same as that term is defined in Section 77-37-2.

(2) 

(a)  The commission shall create a committee known as the Multi-Disciplinary Trauma-Informed Committee to assist the commission in meeting the requirements of this section. The commission shall provide for the membership, terms, and quorum requirements of the committee, except that:

(i)  at least one member of the committee shall be a victim;

(ii)  the executive director of the Department of Health and Human Services or the executive director’s designee shall be on the committee; and

(iii)  the commission shall terminate the committee on June 30, 2020.

(b)  The commission shall use the Utah Office for Victims of Crime, the Utah Office on Domestic and Sexual Violence, and the Utah Council on Victims of Crime in meeting the requirements of this section.

(3) 

(a)  The committee shall work with statewide coalitions, children’s justice centers, and other stakeholders to complete, by no later than September 1, 2019, a review of current and recommended trauma-informed policies, procedures, programs, or practices in the state‘s criminal and juvenile justice system, including:

(i)  reviewing the role of victim advocates and victim services in the criminal and juvenile justice system and:

(A)  how to implement the option of a comprehensive, seamless victim advocate system that is based on the best interests of victims and assists a victim throughout the criminal and juvenile justice system or a victim’s process of recovering from the trauma the victim experienced as a result of being a victim of crime; and

(B)  recommending what minimum qualifications a victim advocate must meet, including recommending trauma-informed training or trauma-informed continuing education hours;

(ii)  reviewing of best practice standards and protocols, including recommending adoption or creation of trauma-informed interview protocols, that may be used to train persons within the criminal and juvenile justice system concerning trauma-informed policies, procedures, programs, or practices, including training of:

(A)  peace officers that is consistent with the training developed under Section 53-10-908;

(B)  first responders;

(C)  prosecutors;

(D)  defense counsel;

(E)  judges and other court personnel;

(F)  the Board of Pardons and Parole and its personnel;

(G)  the Department of Corrections, including Adult Probation and Parole; and

(H)  others involved in the state’s criminal and juvenile justice system;

(iii)  recommending outcome based metrics to measure achievement related to trauma-informed policies, procedures, programs, or practices in the criminal and juvenile justice system;

(iv)  recommending minimum qualifications and continuing education of individuals providing training, consultation, or administrative supervisory consultation within the criminal and juvenile justice system regarding trauma-informed policies, procedures, programs, or practices;

(v)  identifying needs that are not funded or that would benefit from additional resources;

(vi)  identifying funding sources, including outlining the restrictions on the funding sources, that may fund trauma-informed policies, procedures, programs, or practices;

(vii)  reviewing which governmental entities should have the authority to implement recommendations of the committee; and

(viii)  reviewing the need, if any, for legislation or appropriations to meet budget needs.

(b)  Whenever the commission conducts a related survey, the commission, when possible, shall include how victims and their family members interact with Utah’s criminal and juvenile justice system, including whether the victims and family members are treated with trauma-informed policies, procedures, programs, or practices throughout the criminal and juvenile justice system.

(4)  The commission shall establish and administer a performance incentive grant program that allocates money appropriated by the Legislature to public or private entities:

(a)  to provide advocacy and related service for victims in connection with the Board of Pardons and Parole process; and

(b)  that have demonstrated experience and competency in the best practices and standards of trauma-informed care.

(5)  The commission shall report to the Judiciary Interim Committee, at the request of the Judiciary Interim Committee, and the Law Enforcement and Criminal Justice Interim Committee by no later than the September 2019 interim regarding the grant under Subsection (4), the committee’s activities under this section, and whether the committee should be extended beyond June 30, 2020.

Amended by Chapter 330, 2023 General Session

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