63M-7-401.  Creation — Members — Appointment — Qualifications.

(1)  There is created a state commission to be known as the Sentencing Commission composed of 28 members. The commission shall develop by-laws and rules in compliance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and elect its officers.

Have a question?
Click here to chat with a criminal defense lawyer and protect your rights.

Terms Used In Utah Code 63M-7-401

  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • 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
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(2)  The commission’s members shall be:

(a)  two members of the House of Representatives, appointed by the speaker of the House and not of the same political party;

(b)  two members of the Senate, appointed by the president of the Senate and not of the same political party;

(c)  the executive director of the Department of Corrections or a designee appointed by the executive director;

(d)  the director of the Division of Juvenile Justice Services or a designee appointed by the director;

(e)  the executive director of the Commission on Criminal and Juvenile Justice or a designee appointed by the executive director;

(f)  the chair of the Board of Pardons and Parole or a designee appointed by the chair;

(g)  the chair of the Youth Parole Authority or a designee appointed by the chair;

(h)  two trial judges and an appellate judge appointed by the chair of the Judicial Council;

(i)  two juvenile court judges designated by the chair of the Judicial Council;

(j)  an attorney in private practice who is a member of the Utah State Bar, experienced in criminal defense, and appointed by the Utah Bar Commission;

(k)  an attorney who is a member of the Utah State Bar, experienced in the defense of minors in juvenile court, and appointed by the Utah Bar Commission;

(l)  the director of Salt Lake Legal Defenders or a designee appointed by the director;

(m)  the attorney general or a designee appointed by the attorney general;

(n)  a criminal prosecutor appointed by the Statewide Association of Public Attorneys;

(o)  a juvenile court prosecutor appointed by the Statewide Association of Public Attorneys;

(p)  a representative of the Utah Sheriff’s Association appointed by the governor;

(q)  a chief of police appointed by the governor;

(r)  a licensed professional appointed by the governor who assists in the rehabilitation of adult offenders;

(s)  a licensed professional appointed by the governor who assists in the rehabilitation of juvenile offenders;

(t)  two members from the public appointed by the governor who exhibit sensitivity to the concerns of victims of crime and the ethnic composition of the population;

(u)  one member from the public at large appointed by the governor; and

(v)  a representative of an organization that specializes in civil rights or civil liberties on behalf of incarcerated individuals appointed by the governor.

Amended by Chapter 173, 2021 General Session