Section 32.3 - Jail incarceration and transportation costs study -- Creation -- Membership -- Duties.

UT Code § 17-22-32.3 (2019) (N/A)
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(1) There is created the Jail Incarceration and Transportation Costs Study Council under the Commission on Criminal and Juvenile Justice, consisting of the following individuals: (a) a county jail commander or an individual representing the Utah Sheriffs' Association; (b) an individual representing the Utah Association of Counties; (c) two district or county attorneys actively engaged in the practice of civil or constitutional law as follows: (i) one attorney representing a county of the first or second class described in Section 17-50-501; and (ii) one attorney representing a county of the third, fourth, fifth, or sixth class described in Section 17-50-501; (d) two public defender coordinators as follows: (i) one public defender coordinator from a county of the first or second class described in Section 17-50-501; and (ii) one public defender coordinator from a county of the third, fourth, fifth, or sixth class described in Section 17-50-501; (e) one individual representing the Legal Defenders Association; (f) one individual representing the Utah Indigent Defense Commission; (g) one individual representing the Utah Sentencing Commission; and (h) other stakeholders, as determined by the Commission on Criminal and Juvenile Justice.

(a) a county jail commander or an individual representing the Utah Sheriffs' Association;

(b) an individual representing the Utah Association of Counties;

(c) two district or county attorneys actively engaged in the practice of civil or constitutional law as follows: (i) one attorney representing a county of the first or second class described in Section 17-50-501; and (ii) one attorney representing a county of the third, fourth, fifth, or sixth class described in Section 17-50-501;

(i) one attorney representing a county of the first or second class described in Section 17-50-501; and

(ii) one attorney representing a county of the third, fourth, fifth, or sixth class described in Section 17-50-501;

(d) two public defender coordinators as follows: (i) one public defender coordinator from a county of the first or second class described in Section 17-50-501; and (ii) one public defender coordinator from a county of the third, fourth, fifth, or sixth class described in Section 17-50-501;

(i) one public defender coordinator from a county of the first or second class described in Section 17-50-501; and

(ii) one public defender coordinator from a county of the third, fourth, fifth, or sixth class described in Section 17-50-501;

(e) one individual representing the Legal Defenders Association;

(f) one individual representing the Utah Indigent Defense Commission;

(g) one individual representing the Utah Sentencing Commission; and

(h) other stakeholders, as determined by the Commission on Criminal and Juvenile Justice.

(2) Following the reporting described in Section 17-22-32.2, and upon receiving the reports and compilation described in Subsection 17-22-32.2(5), the council shall: (a) provide an overview of the county jail policies and practices regarding the assessment and collection of restitution fees; (b) provide a cost benefit analysis regarding the practice of assessing and collecting restitution fees; (c) provide best practice recommendations for assessing or collecting restitution fees, taking into account an inmate's: (i) potential indigency; (ii) opportunities or ability to post bail or bond; (iii) time spent in custody as a result of the inmate's inability to post bail or bond; and (iv) time spent in custody beyond what a judge would have likely imposed under the standard sentencing matrix, due to the inmate's inability to post bail or bond; and (d) report any additional data or findings the council finds significant.

(a) provide an overview of the county jail policies and practices regarding the assessment and collection of restitution fees;

(b) provide a cost benefit analysis regarding the practice of assessing and collecting restitution fees;

(c) provide best practice recommendations for assessing or collecting restitution fees, taking into account an inmate's: (i) potential indigency; (ii) opportunities or ability to post bail or bond; (iii) time spent in custody as a result of the inmate's inability to post bail or bond; and (iv) time spent in custody beyond what a judge would have likely imposed under the standard sentencing matrix, due to the inmate's inability to post bail or bond; and

(i) potential indigency;

(ii) opportunities or ability to post bail or bond;

(iii) time spent in custody as a result of the inmate's inability to post bail or bond; and

(iv) time spent in custody beyond what a judge would have likely imposed under the standard sentencing matrix, due to the inmate's inability to post bail or bond; and

(d) report any additional data or findings the council finds significant.

(3) The council shall present a report of the council's findings, including any recommendations for legislation, to the Law Enforcement and Criminal Justice Interim Committee before November 30, 2020.