Section 401 - Creation -- Members -- Appointment -- Qualifications.

UT Code § 63M-7-401 (2019) (N/A)
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(1) There is created a state commission to be known as the Sentencing Commission composed of 27 members. The commission shall develop by-laws and rules in compliance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and elect its officers.

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

(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; and

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