63M-7-214.  Commission on Criminal and Juvenile Justice — Grants.

(1)  As used in this section:

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Terms Used In Utah Code 63M-7-214

  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • 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)  “Commission” means the Commission on Criminal and Juvenile Justice created in Section 63M-7-201.

(b)  “Law enforcement agency” means a state or local law enforcement agency.

(c)  “Other appropriate agency” means a state or local government agency, or a nonprofit organization, that works to prevent illegal drug activity and enforce laws regarding illegal drug activity and related criminal activity by:

(i)  programs, including education, prevention, treatment, and research programs; and

(ii)  enforcement of laws regarding illegal drugs.

(2)  The commission shall implement law enforcement operations and programs related to reducing illegal drug activity as listed in Subsection (3).

(3) 

(a)  The first priority of the commission is to annually allocate not more than $2,500,000, depending upon funding available from other sources, to directly fund the operational costs of state and local law enforcement agencies’ drug or crime task forces, including multijurisdictional task forces.

(b)  The second priority of the commission is to allocate grants for specified law enforcement agency functions and other agency functions as the commission finds appropriate to more effectively reduce illegal drug activity and related criminal activity, including providing education, prevention, treatment, and research programs.

(4) 

(a)  In allocating grants and determining the amount of the grants to carry out the purposes of Subsection (3), the commission shall consider:

(i)  the demonstrated ability of the agency to appropriately use the grant to implement the proposed functions and how this function or task force will add to the law enforcement agency’s current efforts to reduce illegal drug activity and related criminal activity; and

(ii)  the agency’s cooperation with other state and local agencies and task forces.

(b)  Agencies qualify for a grant only if they demonstrate compliance with all reporting and policy requirements applicable under this section and under Title 63M, Chapter 7, Criminal Justice and Substance Abuse, in order to qualify as a potential grant recipient.

(5)  The commission shall allocate grants to local law enforcement agencies to assist in complying with the requirements of Subsection 63A-16-1002(4). The commission shall only use funds appropriated for this purpose for the grants.

(6)  Recipient agencies may only use grant money after approval or appropriation by the agency’s governing body, and a determination that the grant money is nonlapsing.

(7)  A recipient law enforcement agency may use funds granted under this section only for the purposes stated by the commission in the grant.

(8) 

(a)  For each fiscal year, any law enforcement agency that receives a grant from the commission under this section shall prepare and file with the commission and the state auditor a report in a form specified by the commission.

(b)  The report shall include the following regarding each grant:

(i)  the agency’s name;

(ii)  the amount of the grant;

(iii)  the date of the grant;

(iv)  how the grant has been used; and

(v)  a statement signed by both the agency’s or political subdivision’s executive officer or designee and by the agency’s legal counsel, that all grant funds were used for law enforcement operations and programs approved by the commission and that relate to reducing illegal drug activity and related criminal activity, as specified in the grant.

Amended by Chapter 390, 2022 General Session