Utah Sentencing Commission
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Utah Sentencing Commission Gary R. Herbert Utah State Capitol Complex Governor Senate Bldg Suite E330 Salt Lake City UT 84114 (801) 538-1645$FAX: (801) 538-1024 Jennifer Valencia www.sentencing.utah.gov Director AGENDA January 7, 2015 noon Utah State Capitol Senate Caucus Room I. Welcome and Approval of December Minutes Carlene Walker Recognition of Departing Commission Member David Brickey Welcome new Commission Member Sheriff Tracy II. Review for Approval: Review of 2015 Juvenile Disposition Guidelines for approval/publication Jennifer Valencia III. Review 2014 Annual Report Jennifer Valencia IV. Discussion of SC Position on Additional Anticipated Legislation for 2015 Jennifer Valencia Pam Vickrey Paul Boyden V. Election of Executive Committee Carlene Walker Next meeting (Annual Meeting) April 1, 2015 8:00 – 4:00 p.m. Utah State Capitol, Senate Caucus Room SENTENCING COMMISSION MINUTES Committee Utah Sentencing Commission Date Wednesday, January 7, 2015 Time Noon – 2 p.m. Location Utah State Capitol, Senate Caucus Room Patrick Anderson, Shima Baradaran, Craig Barlow, Paul Boyden, David Brickey, Darin Carver, Mike Haddon for Members Present Rollin Cook, Sen. Gene Davis, Al Emery, Jesse Gallegos, Ron Gordon, Rachelle Hill, Judge Scott Johansen, Judge Thomas Low, Judge Julie Lund, Richard Mauro, Chris Roach, Senator Dan Thatcher, Judge Vernice Trease, Pam Vickrey, Carlene Walker, Christina Zidow Members Chief Craig Black, Susan Burke, Judge Gregory Orme, Sheriff Tracy Excused Staff & Staff: Jo Lynn Kruse, Dr. Ben Peterson, David Walsh Visitors Visitors: Agenda Item Welcome - Approval of Minutes Notes Carlene Walker called the meeting to order and welcomed everyone. Jennifer could not attend today’s meeting so Ron Gordon stands in for her. Judge Low made the motion to approve the December minutes. Craig Barlow seconded the motion which passed unanimously. Carlene recognized and thanked David Brickey for his many years of service to the Commission, 2006-2014. Agenda Item Review of 2015 Juvenile Disposition Guidelines for Approval/Publication (tape 22:00) Notes Ron Gordon briefly reviewed the juvenile guidelines. The guidelines were emailed to the Commission after the last meeting for review. The idea behind the revisions is to make sure the guidelines mirror current statute and policy. The last publication was in 2004 and the Juvenile Subcommittee previously determined that three areas of the guidelines were in need of significant revision to reflect current statute and policy: the prefatory language, the use of aggravating and mitigating factors in the matrix itself, and sex offenses specifically within the matrix. Discussions are still ongoing regarding the adoption of a new matrix to address both aggravating and mitigating factors as well as sex offenses more appropriately. The prefatory language has been agreed upon by the subcommittee and includes an updated philosophy statement, a comprehensive explanation of evidence based principles, an addendum, additional links, and the removal of outdated addenda. Ron asked the Commission if there are any plans to change form 1 (the matrix) and whether we should postpone publication until the matrix is redone also. Commission members noted that the matrix is the next item to address, but the discussions are still ongoing. There was general consensus that there is value moving the publication forward with the understanding that additional modification of the form(s) and the specific instructions for use of the new forms will occur in the coming year. Pam Vickrey made the motion to move forward with the publication noting it is a work in progress. Chris Roach seconded the motion which passed unanimously. Agenda Item Review 2014 Annual Report (tape 41:00) Notes Ron briefly reviewed the Sentencing Commission 2014 annual report. Projects worked on in 2014 include: Updating the Adult Sentencing and Release Guidelines Several members and staff of the Sentencing Commission devoted a great amount of time in coordination with CCJJ in developing a comprehensive set of recommendations intended to address significant reforms to the criminal justice system as a whole. The Juvenile Subcommittee of the Sentencing Commission undertook the task of revising the Juvenile Sentencing Guidelines, last published in 2004. The Justice Courts Subcommittee of the Sentencing Commission continued discussion on seeking to establish state-wide accreditation standards for all treatment professionals providing treatment to offenders in relation to a court-imposed sentencing order. 2015 recommendations include the Justice Reinvestment Initiative, Assault Re-Categorization, Sex Offender Registry Anomalies and Domestic Violence Pleading and Sentencing 2014 Penalty and Sentencing Policy Changes Agenda Item Discussion of SC Position on Additional Anticipated Legislation Notes Paul Boyden discussed a legislative draft of Driving Under The Influence Sentencing Revisions. The bill modifies provisions relating to sentencing requirements for driving under the influence violations. Highlighted provisions of the bill: Provides that an impaired driving plea is not available to a person who has certain prior convictions; Requires the court to impose, for a felony driving under the influence violation, an order requiring the person to obtain a screening and assessment for alcohol and substance abuse and treatment as appropriate; Requires the court to order the installation of the ignition interlock system, at the person’s expense, for all motor vehicles registered to that person and all motor vehicles operated by that person if a person is convicted of a driving under the influence violation within 10 years of a prior conviction; Provides that a person who operates a motor vehicle without an ignition interlock system; and Makes technical corrections The bill originates from a DUI subcommittee of USAAV at the request of UDOT. The issue for UDOT is that NHTSA (National Highway Traffic Safety Administration) has been looking at Utah’s statute to make sure our state complies with federal law. Our statute does not currently comply, meaning that Utah is not receiving its portion of federal highway safety funds. No vote was taken on the bill. Pam Vickrey mentioned that Senator Osmond is likely to run legislation specific to a number of juvenile justice issues. His concern stems largely from a case from Ogden involving 16 year-old Cooper Van Huizen, that was bound over to the adult system under the SYO (Serious Youth Offender) statute. The case raised issues as to our transfer laws in Utah. Van Huizen was sentenced to two 1-15 year prison terms, while the adults involved in the crime received probation. Carlene asked Pam to provide information to the Commission for the upcoming Monday Legislative Meetings. Next Meeting The next meeting will be the Annual Meeting on April 1, 2015, Utah State Capitol Bldg, Senate Caucus Room Minutes prepared by Jo Lynn Kruse – Administrative Assistant, CCJJ 2 SENTENCING COMMISSION MINUTES Committee Utah Sentencing Commission – Annual Meeting Date Wednesday, April 1, 2015 Time 8 a.m. – 4 p.m. Location Utah State Capitol, Senate Caucus Room Members Patrick Anderson, Chyleen Arbon, Shima Baradaran, Craig Barlow, Chief Craig Black, Paul Boyden, Present Susan Burke, Darin Carver, Rollin Cook, Al Emery, Scott Garrett, Rachelle Hill, Judge Scott Johansen, Rep. Brian King, Judge Thomas Low, Judge Julie Lund, Richard Mauro, Judge Gregory Orme, Senator Dan Thatcher, Judge Vernice Trease, Pam Vickrey, Carlene Walker, Christina Zidow Members Senator Gene Davis, Ron Gordon, Rep. Marc Roberts, Sheriff James Tracy Excused Staff & Staff: Jo Lynn Kruse, Cuong Nguyen, Sofia Nystrom, Jennifer Valencia, David Walsh, Doreen Weyland Visitors Visitors: Susan Allred, Dan Blanchard, Anna Brower, Rob Butters, Julie Christenson, Glen Collett, Len Engel, Jesse Gallegos, Mike Haddon, Brent Kelsey, Daniel Larsen, Geri Miller-Fox, Debra Moore, Doug Thomas Agenda Item Welcome and Approval of Minutes, Introduction of New Members, Review of by-laws, Leadership Changes Notes Carlene Walker called the meeting to order and welcomed everyone. Carlene introduced new members Rep. Brian King (replaces Rep. Jen Seelig), Scott Garrett (replaces David Brickey) and Chyleen Arbon, (replaces Jesse Gallegos) from the Board of Pardons. Patrick Anderson made a motion to approve the January minutes. Richard Mauro seconded the motion which passed unanimously. Carlene Walker drew our attention to the by-laws, which were approved in June 2012. Carlene stated that generally we hold election of officers at this meeting, and then announced the she is resigning as Chair of the Sentencing Commission and she and her husband will begin serving a mission in June for the LDS Church in Frankfurt, Germany. The tradition on this Commission has been that a Governor’s appointee serves as Chair. So election of officers will be deferred until the June meeting. If any of you are interested in serving as vice-chair, please do not hesitate to contact Jennifer Valencia. There will be an extra meeting in May which Carlene will chair. Agenda Item Legislative Update & Discussion (tape part 1) Notes Jennifer reviewed the sentencing related legislative changes that took place this year. The summary includes all the bills that passed this legislative session on which the Commission took a position. A document will be posted on the Sentencing Commission website with those bills relevant to sentencing. Four priority bills all passed: HB 348 Criminal Justice Programs and