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ComInission on Criminal and Juvenile Justice
Commission Priorities provide a mechanism for coordi (4) Provide a criminal justice nating the functions of the various plan annually; The 1983 Legislature created the branches and levels of govemment Utah Commission on Criminal concemed with criminal justice. It (5) Develop, monitor, and and Juvenile Justice (UCA 63-25). is also charged to: evaluate sentencing and release The Commission is comprised of guidelines; 17 key criminal justice leaders (1) Provide analysis and recom throughout the state. Its twelve mendations on all criminal and (6) Forecast future demands for person staff also provides the juvenile justice legislation, state the criminal justice system; and, criminal justice staffing for the budgets, and facility requests; Govemor's Office. (7) Promote the development of (2) Provide public information on criminal and juvenile justice The Commission is charged to the criminal and juvenile justice infonnation systems. ensure broad philosophical systems; agreement conceming the objec tives of the criminal justice (3) Promote criminal justice systems in Utah. It was created to research and program evaluation;
The Commission is comprised of the following members: ,l'
Richard Carling, Chairman Chief Pete Hansen Senator Eldon A. Money Citizen Representative President of Chief of Police Utah Senate Representative .t Association r Sheriff David Bateman Rodney Snow ";, President of the Sheriffs Judge Timothy R. Hanson Utah State Bar Representative Association Chief Justice Designee Jan Graham Georgia Block H.L. "Pete" Haun Utah State Attorney General Public Education Representa Chairman, Board of Pardons tive Judge Diane W. Wilkins Tim Holm Juvenile Court Judge Represen D. Douglas Bodrero Director, Divison of Youth tative Commissioner, Department of Conections Public Safety David Yocum Glen Lambert SWAP Representative Representative Afton Private Rehabilitation Treat Bradshaw ment Agency Utah House of Representatives o. Lane McCotter S. Camille Anthony Ronald W. Gibson Executive Director, Department Executive Director, CCJJ State Court Administrator of Corrections m
Repor't to Utah on Crilne and Justice
January 1993
A report of the Utah Commission on Criminal and Juvenile Justice prepared by Richard J. Oldroyd and Michael D. Haddon.
Special thanks to Commission members and staff who reviewed the final draft, and particularly David Walsh (Acting Executive Director), Mary Lou Bozich, and Laura Lewis for their extensive and insightful editing.
149240 U.S. Department of Justice National Institute of Justice
This document has been reproduced exactly as received from the person or organization originating It. Points of view or opinions stated In this do.c~ment a~e those o! the authors and do not necessarily represent the offiCial position or pOlicies of the National Institute of Justice. Permission to reproduce this ..) R ted material has been gri9~mic Domain/OJP /BJS O.S. Department of Jastice
to the National Criminal Justice Reference Service (NCJRS). Further reproduction outside of the NCJRS system requires permission of the __ owner.
This report was funded by Grant #92-BJ-CX-K002 from the Bureau of Justice Statistics, Office of Justice Programs, United States Department of Justice Contents
Chapter 1: Unique Utah ...... 1
Chapter 2: The Criminal Event ...... 7
Chapter 3: Victims of Crime ...... , ...... 17
Chapter 4: The Offender ...... 23
Chapter 5: The Criminal Justice Response ...... 32
I. The Criminal Justice Process and Law Enforcement ...... 33
II. Prosecution and Bail ...... 38
III. The Courts ...... 41
IV. Corrections ...... 46
Chapter 6: The Juvenile Justice Response ...... 55
Chapter 7: The Costs of Criminal Justice ...... 62
Chapter 8: Child Sexual Abuse ...... 73
Chapter 9: Drugs and Crime ...... 83
Chapter 10: Technology and Innovation ...... 91 ------' ------_._,
...... ~ ...... ~ ...... _ ....__ l Chapter 1
Unique Utah
Utah is well known for its scenic beauty, its great skiing, and its "Mormon pioneer heritage."
This chapter provides an overview of some ways that Utah is atypical and the implications these unique features have for criminal justice in the state.
How is Utah's population unique? Do young people commit a disproportionate amount of crime?
How does Utah's violent crime rate compare with that of the nation as a whole? How does Utah's property crime rate com pare with the nation as a whole?
How does drug use in Utah compare to the United States as a whole?
Which is the most literate state in the United States? How does Utah's high school graduation rate compare to that of the U.S.?
How does Utah's incarceration rate compare to that of the United States?
How does crime compare with other major issues in the eyes of Utah citizens?
Report to Utah on Crime and Justice 1 ...... ~...... m. .... _ ...... ~~m...... \.. Utah has the most youthful population in the U.S.
Utah is not a typical state. The discussion that follows will attempt to identify some of Utah's unique characteristics and the implications these have for the functioning of criminal justice in the state. ~------, Utah is the "kids capitol" of the Percent of Population by Age Group United States.
Perhaps more than anything else 30.------, Utah is unique because of the 26.6
large number of children in its 2,)'- population. The fertility rate (number of women having chil dren) is easily the highest of any 20 18.2 state and is 37% higher than the c national average. As a result, ~ 15 Utah's median age of 25.7 years is a.Ql also the youngest in the nation by almost four years. Utah leads the 10 8.7 next closest state by 5% in the number of school age children in 5 its population which is 50% higher than the national average (see graph). o Under 5 5 -17 Years 65 and Over
This is particularly significant LI-_U_.S_._D_U_t_ah______J because young people are gener Source: The Slale Policy Reference Book ally arrested for crimes at a much higher rate than older people. Those 15-17 years of age are arrested at twice the rate of 22 year olds and the rate continues to drop in half with each decade of age. With Utah having 50% more school age children in its popula tion, it would not be unreasonable to expect that Utah's crime rate would be substantially above the national average.
Report to Utah on Crime and Justice 2 ...... ~ ...... , ~...... a...... ~, ...... ,...... a. Utah's crime rates are generally low
Violent Crime Comparisons: Utah & United States 500,------·------,
Rates of reported crime in Utah 433.3 are generally substantially 400 below the national averages.
The most commonly used mea 300 sures of crime are the Part 1 Offenses reported to police and recorded in the Uniform Crime 200 Reports. Seven different crimes are reported. The four violent crimes are: murder, rape, robbery 100 and aggravated assault. The Utah and national comparisons for 9.8 2.9 violent crimes are shown in the adjacent graph. Murder Robbery Rape Agg Assault II.U U,S. DUtah L ·Rat. per too,ooo inhabitants
Property Crime Comparisons: Utah & United States
5 r------~
4.239
4 The Uniform Crime Reports also 3.228 include three property offenses:
en 3 burglary, lurceny and auto theft. '0 c:: With the ex(~eption of larceny, CIl fJ) :::Jo Utah's rates are again well below ~ 2 national averages as shown in the adjacent graph.
o Burglary Larceny Motor Vehicle Theft IDu.s. DUtah I 'Rale per 100,000 Inhabilanls
Report to Utah 011 Crime alld Justice 3 ...... n. .... m~' ...... Utahns are less likely to use drugs
Utah's young people also report using alcohol and other drugs much less frequently than youth in the nation as a whole.
Utalms generally use alcohol, Substance Abuse tobacco, and street drugs much Percent of High School Students Who Have Used less frequently than is typical of their counterparts in the United 120 States as a whole. The adjacent graph shows the comparison between high school seniors in 100 92 Utah and the United States who have used alcohol and other drugs. The differences in drug 80 and alcohol consumption are also similar in other age groups. C Q) 60 ~ Utahns, however, do tend to Q) abuse prescription drugs at rates Cl.. equal to or slightly higher than 40 those of the nation as a whole.
20 Utalms are increasingly becoming concerned about crime. A recent Dan Jones poll showed that crime o was the fourth most serious Alcohol Cigarettes Marijuana Cocaine Amphetamines concern ranking behind educa I-U.s.DUtah tion, economic development and Source: Drug Use Among Utah Students, 1989 health care. This is the highest ranking in the last 10 years. Much of the concern is focused at gangs on the west side of the Salt Lake Valley.
Report to Utah on Crime alld Justice 4 r------
Utah's incarceration rate is low
Utah is the most literatt.\ state in the United States. Utah's high school graduation rate is 10% higher than the national average, but nine states have higher graduation rates.
Utah's incarceration rate IS the lowest in the western states and is the eighth lowest nationally. There are substantial differences among the states on most demographic dimensions. Utah is unlike its neighbors not only because of its lower crime rates, but because of its low incarceration rate which, at 152 per 100,000, is about half the national average. In this characteristic, Utah appears more similar to the midwestern states of Wisconsin, Iowa and Nebraska and the New England States of Massachusetts, Vermont and New Hampshire on these two dimensions (see map).
IncarceratiofJ Rate By State From BJS Special Report October 92·
ate e" 100,000- D Less tl •.::ln 100 o 100-200 ~1200-300 IJ 300-400 • More than 400
Report to Utah on Crime and Justice 5 Basic Sources:
Bureau of Justice Statistics Bulletin: Prisoners in 1991. U.S. Department of Justice, Office of Justice Programs. Oct. 1992.
Crime In Utah -1991. Utah Department of Public Safety, Bureau of Criminal Identification. 1992.
Crime iu the United States - 1991. U.S. Department of Justice, Federal Bureau of Investigation, Aug. 30, 1992.
Dan Jones Poll. 1992.
Facts: Substance Abuse Informa tionfor Utah and the Nation- 1991. Utah Department of Human Services, Division of Substance Abuse. 1991.
Quality of Life in Utah -1992. University of Utah, Center for Public Policy and Administration, Survey Research Center. Dec. 1992.
States in Profile: The State Policy Reference Book -1991. Brizius and Foster and State Policy Research, Inc. 1992.
The Utah Criminal Justice System - 1991. Utah Commission on Criminal and Juvenile Justice. 1992.
Report to Utah on Crime and Justice 6 Chapter 2
The Criminal Event
This chapter provides an overview of crime as it exists in Utah with data that answers such questions as:
How are crimes defined? How do violent crimes differ from prop erty crimes? How do felonies differ from misdemeanors?
How is information about crime collected and reported? How much crime is there in Utah and what are the trends for commonly reported crimes?
Where does most crime occur? What times of day are associated with high crime? What time of year is crime highest?
What is the involvement of weapons in crime?
What areas of crime are currently causing the most concern?
Report to Utah on Crime and Justice 7 Definitions of crimes and description of crime reporting methods
Crimes are defined by law. How is information about crime members of that household have collected and reported? been victims of crime in the last In this report we define crime as year. Unfortunately, only about all behaviors and acts for which There are two main sources of 75 Utahns are sampled annually. society provides formally sanc information about crime in the This sample is too small to make tioned punishment. In the United United States: The Uniform Crime valid projedions to the general States, what is included in the Report (UCR) and the National population. However, in 1992 definition of crime varies among CrimeVictimization Survey the University of Utah Survey federal, state, and local jurisdic (NCVS). These two sources Research Center attempted to tions. present a somewhat different use a parallel methodology on a picture of what is happening more representative Utah How do violent crimes differ regarding crime. The UCR sug sample. from property crimes? gests substantial increases in crime during the last decade while the How much crime is there in Violent crime refers to events NCVS suggests that the liklihood Utah and what are the trends? such as homicide, rape, and of being a victim has declined. assault that may result in injury to Each year the Department of a person. Robbery is also consid The Uniform Crime Report shows Public Safety's Bureau of ered to be a violent crime because trends in eight major crimes. Criminal Identification publishes it involves the use or threat of Crime reports received by each a report called Crime in Utah. force against a person. Child police agency are tabulated at the It consists of reports of the eight sexual abuse is considered to be a state level before being forwarded Part I index crimes that make up violent crime even if no force to the F.B.I, where the national the Uniform Crime Report data. occurs because of the age differ report is published. The figure below shows both the ence between the victim and trend in number of Part I crimes perpetrator. The National Crime Victimization reported as well as the crime Survey is conducted by the Census rate which reflects the number Property crimes are unlawful acts Bureau for the Bureau of Justice of crimes reported in relation to committed with the intent of Statistics. The Census Bureau uses the increasing population of gaining property. They do not a rigorous scientific survey tech Utah. The crime rate is involve the use or threat of force. nique to survey households in the decreasing slightly. Larceny, burglary, and motor United States to determine if any vehicle theft are examples of property crimes. Utah Crime Trends Reported Part I Offenses and Crime Rales
120 --~------~------~------~------~------How do felonies differ from misdemeanors? [ Reported Part I Offenses In Thousands
Felonies in Utah are the more serious crimes. They are the 60 ... crimes for which a person may be I Crime Rate Per 100,000 Population sentenced to prison. Misde 40 ,- meanors are less serious crimes 20 ,. for which offenders are typically fined or sent to jail. 82 83 84 85 86 87 88 89 90 9t Year
Report to Utah on Crime and Justice 8 Crime descriptions and trends: murder and rape
Utah Murder Trends 1982 - 1991 60 54 54
50
Murder is the unlawful, willful 40 "C ':) (non-negligent) killing of another t 0 0- person. The number of murders in Ol cr: 30 ..... Utah has varied with a high of 54 Ol .0 reported in 1983 and 1987, and a E :J low of 45 reported in 1989. z 20
10
0 82 83 84 85 86 87 88 89 90 91 Year Source: Crime In Utah, 1991
Uta.h Rape Trends 1982 - 1991 1000r------.
788 800 Rape is sexual intercourse with another person without that -g 600 t o person's consent. The number of 0- Ol cr: rapes reported in Utah has varied ..... Ol from a low 0031 in 1984 to an .0 E :J all-time high of 788 in 1991. The Z substantial increase is a cause for 200 concem.
o 82 83 84 85 86 87 88 89 90 91 Year Source: Crime In Utah, 1991
Report to Utah 011 Crime alld Justice 9 ,------'------
...... a ...... Robbery and aggravated assault
Utah Robbery Trends 1982 - 1991
1600
1400 1339
1200
"0 Robbery is the unlawful and Q) 1000 t a.0 intentional taking of personal Q) a: 800 property that is in the possession Q; .J:l of another from his person or E 600 ::J immediate presence by force or Z threat of force. The number of 400 robberies reported has dropped from a high of 1,339 in 1982 to a 200 low of 881 in 1989. 0 82 83 84 85 86 87 88 89 90 91 Year Source: Crime In Utah, 1991
Utah Aggravated Assault Trends 1982-1991
3500
3000 Aggravated Assault is the 2500 unlawful attack by one person "0 Q) upon another for the purpose of t 0 2000 a. inflicting severe bodily harm. Q) a: Attempted aggravated assault is Q; 1500 .J:l E also included in this count. ::J Z 1000
500
0 82 83 84 85 86 87 88 89 90 91 Source: Crime In Ulah. 1991 Year
Report to Utah on Crime and Justice 10 ...... _ ...... Larceny and burglary
Utah Burglary Trends 1982 -1991
20~------~
17
15 Burglary is the unlawful entry of any fixed structure, vehicle, or "0 vessel used for ovemight ~ o accommodation, industry, or fiT 10 a: business, with or without force, U) "0 C with the intent to commit a felony, nl U) ::lo theft or assault. The number of ~ 5 burglaries reported has varied from a low of 14,098 in 1984 to a high of over 17,000 in 1982.
82 83 84 85 86 87 88 89 90 91 Year Source: Crime in Ulah. 1991
Report to Utah on Crime and Justice 11 Crime rates are highest in metropolitan areas
Where does most crime occur?
Crime rates are highest in major metropolitan areas. Even in Salt Lake City, there are pockets where crime is reported much more frequently than others. Reports are highest in the square mile area around downtown.
Downtown Salt Lake City: Reported Crime Nt
BOON
9,644 9,819 1,774
STemple
7,731 32,535 6,943
BOOS
5,132 15,687 5,657
1600S
UJ a a co
Report to Utah on Crime and Justice 12 I ...~ Crime rates are often high in recreation areas
In Utah, the crime rates are also unusual in rural parts of the state where there are popular recreation sites, but few residents. For example, Daggett County has only 20,779 residents, but attracts many visitors to Flaming Gorge Dam and the Green River below it. With such a small population, it doesn't take many visitors committing crimes to give Daggett County a high crime rate. Be sensitive to this situation as you examine the county map below which shows the reported crime rates for each of Utah's 29 counties.
Crime Rate for Utah Counties
1990 Rate Per 1 000 Po ulation o 15 or less 015 - 30 Box Elder 030 - 45 GJ Greater than 45
Millard
Beaver
Garfield San Juan
Kane
Report to Utah Oil Crime and Justice 13 Crime occurs more frequently at night and during the summer
Time of Day Reported Part I Offenses-1991 500
400 When does crime occur?
"0 Q) t 300 As a general rule, frequency of 0 0- Q) crime is highly related to time of a: L.. Q) 200 day as well as seRson of the year. .0 E :::l Z A close look at the adjacent graph 100 strongly suggests that crime increases dramatically in the late evening and early morning hours.
Time of Day
Source: Crime In Utah. 1991
Seasonality of Crime Reported Part I Offenses-1991
14
12 Most types of crime also increase 10 substantially during the extended "0 0> t daylight hours and hot summer c.0 8 0> months of July and August when a: en "0 most of the young people are out t:: 6 C\l en of school. :::l 0 ..t:: 4 t- 2
Source: Crime In Utah 1991 Most violent crimes do not involve weapons
What is the involvement of There is also concern with the weapons in crime? more minor types of crime, such as traffic offenses and parking Except for homicide, most violent tickets. Criminal penalties such as crimes do not involve weapons. jail are almost never used against Violent offenders may use these offenders, yet due process weapons to coerce the victim to entitlements encourage too many submit to the offender's demands offenders to ignore responsibility without actually assaulting the and sanctions associated with the victim or causing injury. More offense. Many feel that society than half of all reported incidents would be better served if such where the offender was armed with offenses were handled by civil a gun and half of all reported rather than criminal sanctions. incidents where the offender was armed with a knife involved only The war against drugs continues to the threat posed by the weapon demand considerable attention. itself (Report to the Nation, 1988). New laws are being passed in attempt to respond to manufacturing and traffildng drugs. Many of these have Emerging Issues: focused on protecting children.
Why are reports of sexual assault There has also been concern about increasing so rapidly? Should crimes directed against specific most traffic offenses and most groups, such as the elderly or infractions be decriminalized? minorities.
There is substantial concern with In the past there has been the increasing numbers of rapes reluctance to classify disputes and and child sexual abuse cases being violence among family members reported. It is difficult to as crimes. In recent years, there distinguish how much of the has been a great deal of attention increase should be attributed to devoted to "domestic crimes." more crimes being committed and how much to increased willingness to report.
Another major concern relates to gangs and the violence that frequently accompanies gang rivalries. Gang related crime will continue to get increasing attention in coming years.
Report to Utah on Crime and Justice 15
I Basic Sources:
Bureau of Justice Statistics Bulletin: Crime and the Nation's Households -1991. U.S. Depart ment of Justice, Office of Justice Programs, Bureau of Justice Statistics, July. 1992.
Bureau of Justice Statistics Bulletin: Criminal Victimization 1991. U.S. Department ofJustice, Office of Justice Programs., Bureau of Justice Statistics, Oct. 1992.
Crime in the United States - 1991. U.S. Department of Justice, Federal Bureau of Investi.gation, Aug. 30, 1992.
Crime In Utah -1991. Utah Department of Public Sllfety, Bureau of Criminal Identification. 1992.
Report the the Nation on Crime and Justice. (2nd Ed.) U.S. Department of Justice, Office of Justice Programs, Bmeau of Justice Statistics. March, 1988.
Salt Lake City Police Department Annual Report - 199j{.
I ~ Utah an Crime and Justice 16 ------
Chapter 3
VictinlS of Criime
This chapter provides an overview of crime victims in the state of Utah. The information addresses questions such as:
How do we learn about crime victims?
What are the characteristics of crime victims?
How much property in Utah is lost to criminals? How likely is it to be recovered?
What relationships commonly exist between crime victims and perpetrators?
What rights do crime victims have in the criminal justice process?
What resources are available to help crime victims?
Report to Utah on Crime and Justice 17 Victims report some crime
How do we learn about crime everyone will be the victim of at What are common reasons that victims? least one property crime, and a victims give for not reporting majority will be a victim of crime? Uniform Crime Reports violent crime. According to the National Crime The most official information What percentage of crimes are Victimization Survey, the most about crime victims comes when reported to police? common reasons cited for not they report a crime to a law reporting violent crime were: the enforcement agency. Information The people of our nation are offender's lack of success (20%), from such reports is compiled always interested in the trends of the crime was a personal matter annually in the Utah Department crimes reported to police. A more (20%) or some other reason of Public Safety publication intriguing, and apparently much (17%). The most common reason entitled Crime in Utah and is also larger, number of crimes is not for not reporting property crime forwarded to the F.B.I. for inclu reported. This type of crime is was the recovery of the stolen sion in the publication Crime in often referred to as "hidden property or the offender's lack of the United States. Unfortunately, crime". We begin to understand it success (26%) and reporting the many crimes are not reported to through surveys of people who are crime to some other official law enforcement agencies so the victims as well as through reports (17%). information compiled about from some offenders. The Na victims is quite limited. tional Crime Victimization Survey What groups are more likely to (NCVS) suggests that 62% of report crimes to the police? National Crime Victimization those who are victims do not Survey report the offense to police. The Although rates for reporting crime of auto theft is most fre personal thefts were similar, Most of the information we have quently reported (76%), probably blacks were somewhat more likely about crime victims comes from because of the extent of the loss than whites to report violent the National Crime Victimization and the insurance requirements to crimes to police. Female victims Survey conducted nationwide by report. The NCVS showed that were more likely to report per the Bureau of the Census for the 50% of rapes, robberies, aggra sonal crimes than males. Bureau of Justice Statistics. vated assaults, and burglaries are Homeowners were more likely Unfortunately, the sample from reported. However, another than renters to report household Utah is too limited to make survey with some methodological crimes. The higher the household inferences from. improvements found that only income, the more likely a house 16% of rapes are being reported, hold crime was to be reported. What is the likelihood of being a but that there was increasing rate The larger the loss, the more likely ,idim of crime? of reporting. Hopefully, much of a household crime was to be the increase in rape and sexual reported. For both violent and Acc,ording to the National Crime abuse reporting can be attributed personal crimes, victims aged 12 Victimization Survey, approxi to an increased willingness to to 19 were the least likely of all mately one-quarter of the house report rather than dramatically age groups to report the crime. holds in the United States report increasing frequency in the that they have been victimized by occurrence of these offenses. crime during the past year. In the course of a lifetime, almost
Report to Utah on Crime and Justice 18
JI Effects of crime on victims
What are the effects of crime on victims?
Monetary and property loss: Property crimes occur more frequently than violent crimes; therefore, monetary and property loss are common. The adjacent Table 3.1 shows the amount of Table 3.1: Reported Property Loss, 1991 property loss that was reported to police in Utah and the amount that police reported was recovered. Property Category Stolen Recovered Keep in mind that many crimes are not reported to the police. Of Currency, notes, etc. $4,193,891 $366,038 course, some of the property loss Jewelry, metals, etc. 5,067,157 457,972 was covered by insurance and Clothing & furs 1,643,903 317,436 each year several million dollars are paid by offenders in restitu Stolen vehicles 15,835,411 9,938,758 tion. Still, the amount of property Office equipment 1,740,662 134,416 lost is staggering. Also staggering Electronic equipment 7,073,002 554,886 is the amount of money paid for Firearms 717,820 142,271 security devices and personnel. Household goods 1,201,789 135,940 Injury, stress and psychological Consumable goods 472,661 76,126 trauma. Physical injury, not Livestock 105,679 11,233 infrequently, totally alters a Miscellaneous 16,254,961 1,786,913 victim's life and the lives of those close to them. Even the psycho Totals $54,306,936 $13,921,989 logical trauma and stress associ ated with being a crime victim can have serious consequences. Stress has been shown to lower the capability of the immune system, thus increasing the frequency of disease. Depression and anger are not uncommon. Fear, suspicion, flashbacks, and sleeplessness can seriously affect personal produc tivity and lifestyle.
Report to Utah on Crime and Justice 19 Victim's benefits
What has been done in recent years to assist victims of crime?
Most agree that for many years our criminal justice system has forgotten victims, often treating them as just another piece of Table 3.2: Reimbursement Purposes evidence. In recent years, much Fiscal Year 1992 has been done to increase both the sensitivity to victims and their Benefit Payment By Category Amount involvement in the criminal justice process. Medical expenses $1,499,029.55 Mental health counseling 794,675.53 One of the highlights is the In-patient counseling 363,320.87 establishment of the Utah Office Loss of wage 264,598.15 of Crime Victim Reparations to Loss of support 6,743.37 reimburse victims for their out of pocket expenses that result from Funeral benefits 81,643.61 violent crime. The Victim Repa Dental care 115,869.33 rations Fund comes from a Economic loss payments 3,306.88 surcharge on criminal fines and Relocation costs 2,553.10 penalties. Last year, over 2.5 Travel 29,222.91 million dollars was paid to crime victims. Table 3.2 itemizes the Replacement services 7,031.54 purposes of the reimbursements. Medically-necessary devices 16,165.21 Essential personal property 2,662.79 Offenders are also ordered to pay Rehabilitative costs 15,332.80 restitution to victims as a condi Insurance premiums or spend-downs 3,408.67 tion of supervision. These restitu tion amounts are determined and ordered by the court. During rrOTAL BENEFIT PAYMENTS $3,205,564.31 fiscal year 1992, the Department of Corrections collected $1,866,639 from offenders' restitution payments.
Report to Utah on Crime and Justice 20 , Victim's Bill of Rights
~~~.------
Utah's Victim's Bill of Rights (d) Victims and witnesses should victims' and witnesses' schedules have a secure waiting area that so that activities which conflict A victim's bill of rights was also does not require them to be in can be avoided. Where conflicts passed in Utah, first as a joint close proximity to defendants or cannot be avoided, the victim may resolution then as a statute. There the family and friends of defen request that the responsible is now movement to establish dants. Agencies controlling agency intercede with employers victims' rights as a constitutional facilities shall, whenever possible, or other parties. amendment. Some of the rights provide this area. enumerated in the current statute (h) Victims and witnesses, particu include: (e) Victims are entitled to restitu larly children, should have a tion or reparations, including speedy disposition of the entire (a) Victims and witnesses have a medical costs, as provided in criminal justice process. All right to be informed as to the level Sections 63-63-1, 77-27-6, 62A-7- involved public agencies shall of protection from intimidation 122, and 76-3-201 of the Utah establish policies and procedures and harm available to them, and Code Annotated (UCA). State and to encourage speedy disposition of from what sources, as they partici local government agencies that criminal cases. pate in criminal justice proceed serve victims have the duty to ings as designated by Section 76- have a functional knowledge of (i) Victims and witnesses have the 8-508 of the Utah Code Anno the procedures established by the right to timely notice of judicial tated, regarding witness tamper Utah Crime Victims' Reparations proceedings they are to attend and ing, and Section 76-8-509, regard Board, and to inform victims of timely notice of cancellation of ing threats against a victim. Law these procedures. any proceedings. Criminal justice enforcement, prosecution, and agencies have the duty to provide corrections personnel have the (1) Victims and witnesses have a these notifications. Defense duty to provide this information in right to have any personal prop counsel and others have the duty a timely manner and in a form that erty returned as provided in to provide timely notice to pros is useful to the victim. Sections 77-24-1 through 77-24-5 ecution of any continuances or (UCA). Criminal justice agencies other changes that may be re (b) Victims and witnesses, includ shall expeditiously return the quired. ing children and their guardians, property when it is no longer have a right to be informed and needed for court, law enforce The Utah Constitution was also assisted as to their role in the ment or prosecution purposes. amended to allow a judge to criminal justice process. All consider the dangerousness of an criminal justice agencies have the (g) Victims and witnesses have offender in making bail release duty to provide this information the right to reasonable employer decisions. Many other pieces of and assistance. intercession services, including legislation and administrative pursuing employer cooperation in rules have been passed to improve (c) Victims and witnesses have a minimizing employees' loss of the plight of victims. Much still right to clear explanations regard both pay and other benefits remains to be done. ing relevant legal proceedings; resulting from their participation these explanations shall be appro in the criminal justice process. priate to the age of child victims Officers of the court shall provide and witnesses. All criminal justice these services and shall consider agencies have the duty to provide these explanations. Report to Utah on Crime and Justice 21 I ......
Basic Sources:
Bureau of Justice Statistics Bulletin: Crime and the Nation's Households - 1991. U.S. Depart ment of Justice, Office of Justice Programs, Bureau of Justice Statistics, July. 1992.
Bureau of Justice Statistics Bulletin: Criminal Victimization 1991. U.S. Department of Justice, Office of Justice Programs, Bureau of Justice Statistics, Oct. 1992.
Crime in the United States -1991. U.S. Department of Justice, Federal Bureau of Investigation, Aug. 30, 1992.
Crime In Utah -1991. Utah Department of Public Safety, Bureau of Criminal Identification. 1992.
National Victim Center's Survey on Rape. 1992.
Report the the Nativll on Crime and Justice. (2nd Ed.) U.S. Department of Justice, Office of Justice Programs, Bureau of Justice Statistics. March 1988.
Quality ofLife in Utah -1992. University of Utah, Center for Public Policy and Administration, Survey Research Center. Dec. 1992.
Utah Office of Crime Victim Reparations F~fth Annual Report: July 1, 1990 to June 30, 1991.
Report to Utah on Crime and Justice 22 Chapter 4
The Offender
This section focuses on the characteristics of Utah's criminal offenders. The following are basic questions examined:
What is the criminal career of the typical offender?
What is the prior record of the offender? How is the career criminal affected?
Who is the typical offender? Male? Female? White? Black? Are their proportions comparable to the general population?
How many offenders are female? Do criminal tendencies differ among males and females?
What impact does age have on crime? Are there differences in age among probationers, inmates and parolees?
What emerging issues face our state? Are the rapidly increasing populations of sex offenders a concern? Are minorities dispro pOltionately represented in criminal populations under supervision? What can we do about overcrowding and alterna tives to incarceration? Can reduced recidivism be achieved through programming?
I l Report to Utah on Crime and Justice 23 • -Who commits crime?
Explanations of deviant criminal one of these factors or, more than Parolees comprise those who are behavior likely, a combination of them can released from prison. Parole is the be used to explain why crime time period when offenders are Through analysis of the offender occurs in our society. supervised in the community attempts have been made to following their release from explain why crime occurs in Studying probationers, inmates prison. society. Several schools of and parolees thought have been developed to All information within this section accomplish this arduous task. Most data referred to in this represents a "snapshot" of the analysis breaks the offenders into Utah criminal justice system at a The Classical School surmises that three groupings: probationers, certain point in time. offenders commit crimes through inmates, and parolees. the process of rational choice. To them, it seems practical that Probationers are offenders not offenders receive either enjoyment sent into the prison system, but for or benefit from their deviant whom supervision is provided in tendencies. the community. These offenders are generally supervised for 12-36 Innate Criminality links criminal months. behavior to biological factors within the offender. Today, Prison inmates are offenders sent scientists have attempted to link into a secure, controlled environ criminal behavior to a chromo ment. In Utah, the average time some abnormality referred to as served is about 26 months, al the XYY pattern. though the time varies consider ably. Some offenders have been Others hypothesize that offenders in prison for more than 30 years. suffer from psychological prob lems. Mental illnesses are promi nent among many offenders.
Finally, a leading theory today examines the correlation between deteriorating social conditions and increasing criminal activity. Based on this theory, people commit crimes to obtain items required for survival, or people have feelings of hopelessness and turn to crime through a lack of respect for society.
These brief descriptions only scratch the surface of possible causes of criminal behavior. Any
Report to Utah on Crime and Justice 24 ...... ---- ...... --- ...... ---- ..' .... Offender gender and race
------~------.------~'~\--
Table 4.1: Offender Gender and Race
Utah Population I)robationers Inmates Parolees Gender Male 49.7% 82% 95% 92% Female 50.3 18 5 8
Race White 94 80 70 70 Hispanic 4 10 16 17 Black 0.07 4 8 9 Native American 1 3 3 2 Asian * 1 1 1 Unknown * 2 2
Sources: Utah Department of Corrections 1991 Annual Report 1990 Census of Population Characteristics, Utah
Most crime is committed by society. Seventy-six percent of crimes where prison incarceration white males. the offenders are white. However, is deemed appropriate. Once whites comprise 94% of Utah's offenders are broken into the three Males are over-represented in the general population. Whites are distinctive categories of probation criminal population. Although proportionally under-represented ers, inmates and parolees, more normal populations usually consist in the criminal justice system. racial disparity arises. of equal numbers of males and females, the offender population Minority group!> are over-repre Looking at Table 4.1, the numbers in Utah is only 10 to 20 percent sented in the offender population. indicate a larger percentage of female. InfOlmation shows Hispanics comprise only 4% of white offenders are in the proba inmates are 95% male compared Utah's general population, while tion category as compared to to probationers who are 82% our "snapshot" s.hows 12% of white offenders who are in prison male. This difference becomes offenders are Hispanic. The sa.me or on parole. Minorities, on the significant when comparing the over-representation exists for other hand, have a significantly types of crimes committed by blacks. Blacks comprise less than smaner percentage in the proba males and females. one percent of Utah's population, tion category than in the prison or while they comprise 6% of Utah's parole categories. This indicates Minorities are over-represented offender population. that minorities are generally being in the criminal justice system. convicted of more severe offenses, Probationers typically commit less or they are receiving more severe Race and the criminal justice severe crimes and, therefore, are penalties for similar crimes. system together comprise an issue not sentenced t.o prison, although of critical importance in our they may spend SDme time in jail. Both inmates and parolees commit
Report to Utah on Crime and Justice 25 Offender marital status and educational level
Table 4.2: Offender Marital Status and Education
Utah Population Probationers Inmates Parolees Marital Status Never Married 26% 41% 44% 45% Married 61 25 21 21 Separated 1 8 6 7 Divorced 8 18 21 21 Common law * 4 3 3 Widowed 5 1 2 1 Unknown * 3 3 2
Education 1-6 * 1 3 2 7-11 * 42 49 48 High school graduate * 41 35 38 13+ * 15 10 10 Unknown * 2 3 1
Sources: Utah Department of Corrections 1991 Annual Report 1990 Census of Population Characteristics, Utah
Offenders are typically single and ha\Ve only a high school education.
As illustrated in Table 4.2, the largest perlcentage of offenders (41-45%) have never been married. In the general population only 26% have never been married. In the general population, 61 % are married, yet in the offender population approximately 23% are mar ried. These trends indicate that a much larger percent of the offender population is single rather than married.
Education is another characteristic that defines the offender. When broken into the supervi sion categories, 56% percent of probationers completed their high school education while 45% of inmates and 48% of parolees completed high school in contrast to the Utah adult population where 80% completed high school. Those committing more serious offenses can generally be characterized as having received less formal education. Offender age
Age At First Arrest Most crime is committed by younger offenders. 2000r------,
Another demographic characteris tic of the offenders is age. Most offenders begin their life of crime at an early age. As the adjacent graphic shows, most offenders' first arrest occurred between the ages of 10 and 20. After the age of 20, the number of first arrests significantly drops off. Perhaps, as the population matures, indi viduals grow out of their criminal tendencies.
Age Group Source: Utah Department of Corrections 1991 Annual Report
Age among probationers, inmates, and parolees differs.
The current ages of probationers, Age of Offenders inmates, and parolees show Probationers, Inmates, and Parolees interesting differences. Probation ers peak at a young age, 20 to 24. 30 The largest number of parolees are 25 found in the age range of 25 to 34. Inmates cover a larger age range, 20 20 to 39. It seems that younger Q) Cl tll offenders may commit less serious C 15 Q) crimes and many receive either ~ a.Q) probation or more lenient sen 10 tences.
5 As youthful offenders mature they generally take one of two routes. 20-24 25-29 30-34 35-39 40-44 45-49 50-54 55-59 60+ Either they "grow out" of crime, I-probationers -Inmates -par~ or they commit more offenses and Source: Utah Department of Corrections 1991 Annual Report are thrust into the prison system.
Report to Utah on Crime and Justice 27 ------
Types of offenses
Violent crime categories violent offenders find themselves Non-violent crime categories in-the latter category. According For our purposes, we will divide to our data probationers do not As expected, a large majority offenses into violent and non commit many of Utah's violent (86%) of the probationers find violent crimes. Violent crime crimes. The largest percentage of themselves in the non-violent consists of murder, sexual assault, violent criminals find themselves category. In the inmate and robbery, and aggravated assault. in the prison system either as parolee categories a large percent Non-violent crime consists of the cUlTent or past residents. Occa age of offenders commit burglary remaining crime types. sionally, some offenders are in and larceny. Because burglary prison for rather minor property and larceny are "youth" crimes, The prison system is generally offenses. However, these prop there are plausible cOlTelations used as a final option for chronic erty offenders tend to have between the youthful population offenders or for offenders who extensive criminal history records. and the disproportionately high commit crimes of such a serious In the inmate category, 51 % have rate of larceny and burglary in nature that the judge feels impris committed violent crimes. Utah. onment is appropriate. Many
Types of Crimes Committed
Murder/Manslaughter
Sex-Related Robbery Assault Burglary LarcenyITheft 23 Forgery/Fraud Auto Theft Drug-Related DUI Other Traffic Public Order All Other
% Probationers % Inmates % Parolees Source: Utah Department of Corrections 1991 Annual Report
Report to Utah on Crime alld Justice 28 Female offenders
HB 209 and Sexual Offenses Percent of Inmates Convicted of a Sex Offense In 1983, the Utah Legislature passed House Bill 209 which 30,------, created mandatory sentences for 25 certain child sex offenses. Since 25 that time, Utah has witnessed an 20 alarming growth of child sex offenders in the prison system. 'E Q) 15 ~ In 1984, the year before the Q) Cl. measure took effect, only 13% of 10 the prison population had com mitted a sexual offense. In 1991, 5 seven years after the measure took effect, 25% of the prison 80 81 82 83 84 85 86 87 88 89 90 91 population had committed a sex Year offense. This presents a good example of how legislation can Somce: Utah Department 01 Corrections Offender Population Management Task Force 5· Year Plan affect the crime rate and prison population.
Criminal Tendencies Gender and crime Male vs Female Again, using the categories of Murder violent and non-violent crime, we Rape see a dichotomy between violent and property crime tendencies Robbery among females. Although males Aggravated Assault commit more crime than females, in certain areas, females are closing Burglary the gap. In 1990, only a small proportion of the violent crime was LarcenyfTheft committed by females. However, a Motor Vehicle Theft much larger proportion of non violent crimes were committed by Forgery/Fraud females. Research indicates 0% 20% 40% 60% 80% 100% females' involvement in property crimes seems to tIe increasing. This IDMale DFemale increase tends to be larger in the categories of theft and fraud. Source: Utah Departmentaf Corrections 1991 Annual Report
Report to Utah on Crime and Jllstice 29 ------Emerging Issues
Offenders and Arrest Rates
Many in the field of criminal Table 4.3: Offender Arrests justice today focus attention on the chronic offender. There is strong Probationers Inmates Parolees evidence showing that a small # of Arrests number of offenders commit a 1 to 5 75% 48% 43% large percentage of the offenses. 6 to 10 17 24 28 If this is true, policies focusing on 11 to 15 5 12 13 6 capturing and incapacitating these 16 to 20 2 5 Over 20 2 10 10 chronic offenders should signifi cantly reduce crime. Source: Utah Department of Corrections 1991 Annual Report In some aspects, Utah appears to direct incarceration policy towards these types of offenders. For our tives to incarceration, Utah faces a In Utah, there is a movement to purposes, a chronic offender is correctional system dilemma. try to reduce recidivism by defined as an offender arrested Most of the population of our providing improved literacy more than five times. Seventy prison system have either been training, educational training and five percent of the probationers convicted of a violent crime or treatment programs. have been arrested five times or have been singled out as chronic less while only 25% have been offenders. Questions are also being raised arrested more than five times. regarding the desirability of long Without new prison beds or ternl incarceration for child sex In the inmate and parolee catego alternatives to incarceration, the offenders. Treatment providers ries, we find the tables turned. state faces the reality of letting think many offenders in this group Now, a majority of the offenders either chronic or violent offenders could be better treated and con have been arres~ed over five times. out into society. trolled in the community if the Generally speaking, the state proper resources were available. follows a policy of putting the Giving the judicial branch more chronic offender behind bars in an punishment options could be Programs are also being developed attempt to significantly decrease effective in decreasing the prison to teach offenders about the crime. popUlation. The state is currently impact of crime on victims, to considering a variety of options, improve restitution payments and Emerging Issue: Alternatives to such as intensive supervision, to improve accountability of Incarceration electronic monitoring, and special offenders to their victims. ized housing, to provide alterna Unless there are major changes, tives to incarceration. Utah will face serious overcrowd ing difficulties in the following Many are questioning the desir years. Our prison system will face ability of incarceration at current bed shortages. The Department of levels. The United States has the Corrections projects a 980 bed highest incarceration rate of any deficit by 1997. With few altern a- industrialized nation.
Report to Utah on Crime and Justice 30 Basic Sources: Utah Department of Corrections. Offender Population Management Farrington, David P. "Age and Task Force: 5-Year Plan. July Crime." Crime and Justice: An 24,1992. Annual Review of Research. The Univerity of Chicago Press, Utah Office of Planning and Chicago: 1986. pp. 189-250. Budget, Demographic and Eco Hartjen, Clayton A. Crime and nomic Analysis. Utah Data Criminalization. Praeger Pub Guide. Volume 11, Number 2. lishers, New York City: 1974. Apri11992.
Nagel, Ilene H. and John Hagan. "Gender and Crime: Offense Patterns and Criminal Court Sanctions." Crime and Justice: An Annual Review of Research. The University of Chicago Press, Chicago and London: 1983. pp. 91-144.
National Institute of Law En forcement and Criminal Justice. Criminal Careers of Habitual Felons. U.S. Department of Justice. July 1978.
Petersilia, Joan. "Criminal Career Research: A Review of Recent Evidence." Crime and Justice: An Annual Review of Research. The University of Chicago Press, Chicago and London: 1980. pp.321-379.
Radzinowicz, Sir Leon and Marvin E. Wolfgang, Eds. Crime and Justice Volume 1: The Criminal in Society. Basic Books Inc, New York: 1977.
Utah Department of Corrections. 1991 Annual Report. Salt Lake City, Utah. 1991.
Report to Utah on Crime and Justice 31 Chapter 5
The Criminal Justice Response
This chapter is intended to highlight activities and events in the criminal justice process. The topics are discussed in the following order:
I. The Criminal Justice Process and Law Enforcenlcnt
II. Prosecution and Bail
III. The Courts
IV. Corrections
Report to Utah on Crime and Justice 32 -I. The Criminal Justice Process and Law Enforcement
What is the criminal justice process and how do cases flow through it? What problems constrict the flow of offenders and information?
How does law enforcement respond to reported crime? How likely is a reported crime to be resolved? How does police strength in Utah compare to the U.S. as a whole?
What dilemmas are created by the need for specialization in small law enforcement agencies? What training is required for police officers? What do police officers do other than respond to crime? How is the police role changing in the community?
Report to Utah on Crime and Justice 33 I L ...... _1 The criminal justice process is complex
What is the sequence of events in the criminal justice system?
Entry into the system Prosecution and pretrial services
Information
Unsolved Released Released Charges Charges or not without without dropped dropped arrested prosecution prosecution or dismissed or dismissed
indict
Information
Petty offEm~'s" ______.:1
Waived 10 criminal Released court
Juvenile ~~m~"'_. .. IIIIIIII.... III .. lin~iieiheainl·ng .. II .. ~ .. ~p.e.~.on.t.o~co~urt .... 1
Note: This chart gives a simplified view 01 casellow through the crimloal Justice system. Procedures vary amona Jurisdictions. The weights 01 the lines are not Intended to show the actual size 01 caseloads.
Criminal justice as a system misleading, mostly because of the sheriff's offices serve county various jurisdictions and levels of governments. Currently in Utah, The chart on this page shows the government involved. Assuming most felony prosecution is con flow through the criminal justice that a felony is committed, the ducted by county prosecutors. process from the time a crime crime should be reported to the The offender can be arraigned occurs until the offender exits the law enforcement agency that has before either a local government system. The flow chart suggests a jurisdiction ov.;!!: the area where justice of the peaGe or a state smooth and connected flow and a the crime occurred. Police circuit court judge. If the offender clear system. This is somewhat agencies serve cities, while pleads guilty or desires a trial, the
Report to Utah on Crime and Justice 34
------
Adjudication Sentencing and sanctions Corrections Charge .dismissed Acquitted Probation
Arraignment Sentencing
Appeal Habeas corpus
Arraignment ;.__ • ___ Out of system
Released Nonpayment
Probation f:AdijU.di.~.tO.~.h~... nig""" ...... Oi.S~" .•. on--<~~ ...... ~~~"""I~omOf~em Parol:..i
Source: Adapted from The cIlIrllenge of crime In a free society. Presldenfs Commission on Law Enforcement and Administration of Justice, 1967.
case will be referred to the state prison, the county jail, supervi district court for trial or sentenc sion by state probation staff as ing. Prior to sentencing, the judge well as fines a.nd restitution that will typically ask the state Depart can be collected by either state or ment of Corrections staff to county staff. The criminal justice conduct a presentence investiga process is complicated by the tion and make sentencing recom various politkal units involved mendations to the judge. Sentenc along with their various adminis ing options include: the state trators and philosophies.
Report to Utah on Crime and Justice 35 ~ I
...... EM...... a ...... ~~ Limited law enforcement resources respond to crime
Law Enforcement: The Re Cleared Offense Rates: 1991 sponse
When a crime is reported, the Murder (51 Reported) expectation is that police will respond. For many years law Rape (788 Reported) enforcement administrators
evaluated their effectiveness by Robbery (966 Reported) how quickly a patrol officer's car arrived at the scene of the offense. Aggravated Assault (3,169 Reported) Today, many crimes can be reported to a dispatcher or by telephone/mail correspondence. Burglary {14,487 Reported} Research in recent years has suggested that rapid response to Larceny (73,239 Reported) the site of the crime is mostly advantageous when the crime is in Auto Thoft (4,168 Reported) progress, the victim is in danger, o 102030405060708090100 or there is a crime scene in danger of contamination. An emerging Percent concern is that there be an im proved response to the emotional distress of the victim, and that the enforcement officers develop most That is slightly higher than in victim be informed about what to of the cases that result in success Utah where the comparable expect in the criminal justice ful prosecution. average is 1.77 officers per 1,000 process. population. Among Utah coun Number of officers ties, Piute County has the lowest Once a crime is reported, how rate at 1.06, and Daggett County likely is that crime to be re According to Crime in Utah, in has the highest rate at 4.24 per solved? 1991, there were 3,129 full time 1,000 population. law enforcement officers in the The publication, Crime in Utah, state. This does not include The limited number of law reports the clearance rates for correctiopal officers, wildlife enforcement officers raises many seven Part-l offenses for which officers, constables, and some concerns about how to best utilize official statistics are currently others who have limited law the police. The Utah Highway being gathered. A cleared offense enforcement authority.. There is Patrol, for example, in order to means that law enforcement has substantial difference from one preserve limited manpower" arrested the offender or otherwise jurisdiction to another in the gasoline, automobiles, etc., has resolved the case. The number of number of police officers per times during each night when offenses reported and the clear 1,000 population. According to there are very few officers on ance rates for 1991 are shown in Crime in the United States, duty. the graph on this page. Research across the United States there is an has also shown that a compara average of 2.2 full time police tively small percentage oflaw officers per 1,000 population.
Report to Utah on Crime and Justice 36 v )=
Specializati.on Service-related calls (38%) Gangs and Vi.olence include such things as assisting Al~other important problem is that injured persons, animal control, At this point, the emerging law enforcement is becoming a fire, etc. More than 40% of calls concern for law enforcement in very specialized field. Some areas are for order maintenance such as the 1990s appears to be gangs and of special concern are child sexual dom,~stic disputes. Information the violent crimes associated with abuse, drug abuse, computer crime gathering (22%) involves routine their rivalries and their involve and white collar crime. It be questions at a crime scene, filling ment with dmgs. comes very difficult for a small out reports, etc. agency to develop the expertise necessary to deal effectively with C.ommunity Policing these types of cases. Some jurisdictions are exploring consoli There seems to be a progressive dation and multi-disciplinary task realization that law enforcement forces to develop the resources cannot do all that needs to be needed to deal with crimes done. The best solution appears to requiring specialized expertise. be to strengthe:1 the relationship between the police, communities P.olice training and neighborhoods. There are many different strategies to Training of law enforcement accomplish this. officers is regulated by the state Peace Officers Standards and D.omestic Vi.olem~e ;' Training Council (POST), which determines the standards. Cur There has been considerable rently, new peace officers are concern nationally and in Utah required to complete 440 hours of regarding law enforcement pre-service training prior to response to domestic violence. beginning public service. Then, Current law (Utah Code P..nno there is an annual 40 hour in tated 77-36-3.1) requin~s the arrest service training requirement. or citiation of the offending Police work is very demanding sponse and encourages prosecu and the risks and liabilities are tion/treatment. Research supports high. the use of this strategy in most situtations. The major exception N.on-Iaw enf.orcement r.oles .of is when the offending spous\~ is p.olice unemployed and generally dys functional, short-term arrest may The police typically perform be counter-productive. functions other than law enforce ment. In fact, fewer calls are received for law enforcement (10%) than for other activities.
Report to Utah on Crime and Justice 37 ll. Prosecution and Bail
What is the role of the prosecu tor? What percent of cases are resolved by guilty pleas? What role does the Attorney General play?
How does Utah's county attor ney system work? What is the case flow like in the Salt Lake County Attorney's Office?
What are the most frequent problems that result in cases being rejected for prosecution? Who defends the many defen dants who are indigent?
What is bail and how does it work? What is release on own recognizance or ROR? What are some of the risks associated with bail?
Report to Utah on Crime and Justice 38 ______.... ______i.. ______..
Utah's prosecution system
Prosecution County Attorney System in should be made available to the Utah public. Once an offender has been identi fied or an arrest has been made, Many states have a state-funded There is some interest in allowing the prosecutor directs what and controlled district attorney counties to consolidate prosecu happens in the case. The prosecu system. Utah's system is based on tion resources and to segregate tor functions as the "champion" of an elected county attorney who, in criminal and civil functions. the state in seeking justice for the addition to criminal prosecution, is offense through the courts. The also responsible for advising Flow of criminal charges filed in prosecutor must examine the c1)unty officials on all legal Salt Lake County evidence and determine if it is aspects of county government. sufficient to meet the "beyond a Because Utah's counties are so Most of the county attorney reasonable doubt standard of diverse, the number of attorneys in systems in Utah do not keep proof' required to obtain a crimi an office ranges from a single management statistics. The chart nal conviction. The prosecutor part-time contractual arr.angement below, from the Salt Lake County also must examine the resources to 56 in Salt Lake County. Some Attorney's Office, gives one required to take a case to trial and of the larger offices are automated example of the flow of cases the likelihood of future criminal and provide management informa prosecuted. This is the largest appeal of the case. As a result of tion. Typically, however, little prosecution agency in the state. these concerns, most (80% - 90%) information is available about the The reader should be cautioned criminal cases are resolved by a functioning of prosecution. There not to generalize this case flow to guilty plea. are no accepted standards in the prosecution statewide, since each state regarding what information
Salt Lake County Attorney Case lClow: 1991
Charges Filed
[ FO~:2G_UI_lty__ ___'1 ~"ONY l I- ______L_J_Ury_;_5~_al ___..JI- -- 5663 ---.J Pled Guilty as Chargod 3384 I ;'ledGUlity -- --1 to Reduced Charges 1_ 2067 ] rE A -.-.. -----.----.- --' LI_B_en.::;;~~;:.T_rla_1 __.....JL---- N 0 Found Guilty --I R 336 _..J 7680
Report to Utah on Crime and Justice 39 ------Prosecution, Defense,..------Pre-Trial Release
county's approach to prosecution Bail defendants for pre-trial release. differs substantially. Pryor and Smith found that The traditional objective of bail upwards of 85% of all defendants The reader may be concerned with and other pre-trial release options released pending trial appeared for the large proportion of charges is to assure appearance at trial. In all court sessions. that are dropped or where prosecu medieval times, the accused was tion is declined. Please keep in bailed to a third party who would However, bail release is not mind the need to prove the be tried in place of the accused if without risk. Toborg's study of charges beyond a reasonable the accused failed to appear. As eight jurisdictions nationally doubt. Such a high standard the system evolved, the guarantee found that between 10% and 20% proves difficult for many charges. became the posting of a money of those released are rearrested Also be aware that although some hond that was forfeited if the while on bail. Some law enforce charges may be dropped, in most al~cused failed to appear. In the ment officers complain that the cases the defendant will be United States Constitution, the offenders they arrest are back on convicted and sanctioned on other Eighth Amendment states that bail the streets before the officer can charges. shall not be excessive, but it does complete the arrest papelwork, not grant the right to bail in all and that this makes a mockery of Evidence problems are the most cases. the criminal justice system. common reason for prosecutors rejecting cases. A 1986 study by Today, most offenders are re In recent years some states, INSLAW, Inc. found that, in Salt leased prior to trial. There are a including Utah, have modified Lake City, of 973 cases that were variety of release mechanisms. their state constitutions to allow declined, 58% were declined With fully secured bail, the the court to consider the danger because of insufficient evidence, defendant posts the full bail that an offender presents to the 19% because of referral for other amount with the court. With community in making the bail prosecution, 12% because of privately secured bail, a bondsman decision. witness problems, and 8% in the signs a promissory note to the interest of justice. court for the bail amount and Most serious criminal prosecution charges the defendant a fee for the is conducted by the county Attorney General's Office service (usually 10% of the bail attorneys of the county where the amount). If the defendant fails to offense occurred. However, the The Sixth Amendment of the U.S. appear, in theory, the bondsman Utah Attorney General's office Constitution requires that all must pay the court the fun may become involved in special individuals accused of major amount. cases such as complex white collar crimes have the right to represen crime, child sexual abuse or tation by an attorney. Since many In Release on Own Recognizance narcotics cases. accused are indigent, the state is (ROR) the court releases the required to provide defense for defendant on the promise that he them. In small counties, the judge or she will appear in court as is likely to assign the case to a required. Other options may also local attorney who might be in the be utilized. Both nationally and in courtroom. In larger counties a Utah some counties have a pre legal defenders office is estab trial services organization that lished through contract. assists the court in evaluating
'L Repo" 10 Uloh on Crime ood }n,tice 40 ITI. The Courts
What roles do the courts play in the criminal justice process? What other roles do courts play?
Why is the concept of an "inde pendent" judiciary so important? What rights are defendants entitled to? What are the five different levels of courts in Utah and their jurisdictions?
What are the trends in recent years in filing felony cases in Utah courts?
How does felony case processing time in Utah compare to other locations in the United States? What information is usually provided to a judge prior to sentencing?
How do appeals take place? How long do appeals take? What has been done recently in Utah to dramatically reduce the time to complete appeals?
Report to Utah on Crime and Justice 41 ----~----.------~----~------
Role of the courts and defendant's rights
The courts participate in and enumerated in Utah Code Anno (d) A wife shall not be com supervise the judicial process. tated 77-1-6 and listed below. pelled to testify against her husband nor a husband against his The courts have several func Defendant's Rights wife; and tions in addition to deciding (e) No person shall be con whether laws have been vio (1) In crirrJnal prosecutions the victed unless by verdict of a jury, lated. defendant is entitled to: or upon a plea of guilty or no (a) appear in person and contest, or upon a judgment of a The courts settle disputes between defend in person or by counsel; court when trial by jury has been legal entities, invoke sanctions (b) receive a copy of the waived or, in case of an infraction, against law violators, and decide accusation filed against him; upon a judgment by a magistrate. whether acts of the legislative and (c) testify in his own behalf; executive branches are constitu (d) be confronted by the tional. witnesses against him; (e) have compulsory process Until the Middle Ages disputes to insure the attendance of wit between individuals, clans, and nesses in his behalf; families (including those involv (t) a speedy public trial by an ing criminal acts) were handled impartial jury of the county or privately. Over time, many acts district where the offense is carne to be regarded as crimes alleged to have been committed; against the entire community. (g) the right of appeal in all cases; and An independent judiciary is a (h) be admitted to bail in basic concept of the U.S. system accordance with provisions of law, of government. or be entitled to a trial within 30 days after arraignment if unable to To establish its independence and post bail and if the business of the impartiality, the judiciary was court permits. created as a separate branch of government co-equal to the (2) In addition: executive and legislative branches. (a) No person shall be put twice in jeopardy for the same In criminal cases the courts have offense; the responsibility to provide an (b) No accused person shall, impartial forum to determine if an before final judgment, be com accused offender is guilty. The pelled to advance money or fees to United States Constitution pro secure rights guaranteed by the vides that all accused persons Constitution or the laws of Utah, should be considered innocent or to pay the costs of those rights until proven guilty. The standard when received; of proof in criminal cases is "proof (c) No person shall be com beyond a reasonable doubt". The pelled to give evidence against courts have the responsibility to himself; protect the rights of defendants as
Report to Utah on Crime and Justice 42
.. -.1 Structure of Utah's court system
In Utah there are currently five Justice of the Peace Courts may be new trial is held at the district or different levels of courts (see established by the counties and circuit court level. Justice court graphic). larger cities. They hear Class C judges can be appointed by the misdemeanors, and violations of presiding district or circuit court All levels of courts handle both ordinances and infractions com judge to conduct preliminary criminal and civil caseloads. The mitted within their territorial hearings for felony cases. Justice discussion here will deal only with jurisdiction. They share jurisdic Court judges do not need a law criminal cases, but it must be kept tion with the circuit court on Class degree. There are currently in mind that this is only a portion B misdemeanors and with the approximately 125 justices of the of the court's role. Juvenile Court on traffic offenses peace serving 150 justice courts in for minors. They are not courts of the state. record. If an appeal is made, a
Supreme Court 5 Justices
Court of Appeals 7 Judges Board of Appellate Judges 12 Judges
I I
Circuit Court Juvenile Court District Court 29 Judges 25 Judges 13 Judges Board of District Judges Board of Circuit Judges Board of Juvenile Judges 7 Judges 7 Judges - 2 Ex Officio 7 Judges I Other Justice Court 126 Judges Administrative Board of Circuit Judges Agencies 7 Judges
JUdicial Council Chief Justice Public Service Commission and Tax 1 Supreme Court 1 Court of Appeals Commission 3 District Court 2 Juvenile Court 2 Circuit Court 2 Justice Court
Bar Representative Staffed by Court Administrator
Report to Utah on Crime Gnd.lustice 43 ...... ~ ..... u...... Court jurisdiction
The circuit courts have exclusive Creation of the Appellate Court criminal jurisdiction over Class A misdemeanors and are authorized Dramatically Reduced the Time for Appeal to conduct preliminary hearings in 50r------~ felony cases. The circuit courts originally were municipal and 40 Months county courts, but became state 40 courts in 1978. Before January 1, 1992, there were 25 circuit court judges. After January 1, 1992, the ~ 30 0. 0. more tural circuit courts became Ql OJ ~ The district courts are the primary Ql trial courts for felonies. There are .i( 10 cUlTently 35 district court judges serving in eight judicial districts. o Criminal appeals from both the Before After district and circuit courts are heard in the Court of Appeals, except those involving a first degree or capital felony conviction. 1987 Felony Case Processing Times The Court of Appeals was created in 1987 to relieve the backlog of cases Fairfax I-90th Percentile appealed to the Utah Supreme Court. Weber/Davis/Utah It consists of seven judges. Evident Salt Lake from the above graph, the system has Wichita worked well and Utah's case backlog Phoenix is among the lowest in the nation. Pittsburgh Timeliness is a major concem of the Atlanta courts. Case processing times in Utah National Average are well below the national average as Miami shown in the adjacent graph. Newark o 100 200 300 400 500 600 700 800 900 1000 Days from Indictment/Information to Disposition The 90th Percentile means 90% of all cases are closed within the number of days shown. Report fo Utah on Crime and Justice 44 Sentencing A speedy trial is a right guaran teed in the U.S. Constitution. Offenders who are arrested and District Court Criminal Filings jailed are entitled to a hearing 1987-1991 before a magistrate within 24 5,000 hours (or 72 hours on a weekend), to determine if there is reason to believe that they have committed a 4,000 crime. Shortly afterward, they are formally arraigned and informed (I) 3,000 Cl .S of the charges against them. This if is typically followed by a prelimi '5.... II> 2,000 .0 nary hearing and then a trial if E ::l charges are not dropped or a guilty Z plea is not entered. It is interest 1,000 ing to note that the number of felony cases filed in the district 0 court has been quite stable over 1987 1988 1989 ." 1990 1991 the last five years as shown in the Year adjacent graph. However, as shown in the next graph, the number of criminal appellate Sentencing ing for about three weeks and filings increased dramatically in refer the offender for a pre 1990. If an accused person is found sentence investigation. In Utah gUilty of a serious crime, the these investigations are usually judge will typically delay sentenc·· conducted by the Field Services Staff of the Utah Department of Criminal Appellate Filings Corrections. These investigations 1986 -1990 provide information on the exact 700 nature of the offense and the losses experienced by the 600 581 victim(s). In addition, the prior criminal record of the offender is 500 tJ) presented along with information Cl c: on other relevant factors such as IT: 400 '5 the offender's family, employ Q; .0 ment, education, substance abuse, E ::l Z etc. The pre.. sentence staff also makes a recommendation to the sentencing judge. This, along with other information provided by the prosecution or defense, is 1986 1987 1988 1989 1990 considered at the sentencing Year hearing where the offender is Source: Utah State CelUM 1992 Annuo.l Ruport actually sentenced. Report to Utah on Crime and Justice 45 I ._------ ...... -- ...... --...... ------...... ----~.. --.... IV. Corrections What range of supervision is provided by the Department of Corrections? What different philosophies have guided correc tions in the United States? What level of government oper ates jails? What four types of legal status do prisoners in jail represent? How does the Department of Corrections utilize jails? Why do the counties want jail reimburse ment? What is probation? How is it different from parole? What percent of convicted felons in Utah are imprisoned? How much did Utah's prison population increase during the 1980s? Why did the misdemeanor proba tion population decline so dra matically? What has happened to the parole popUlation? Why has the prison population increased so much? What two factors control prison population? What is the Board of Pardons? What does it do? Report to Utah on Crime and Justice 46 ------~------Corrections' philosophy .. Corrections was an attempt to enforce a code sick or inappropriately educated, of silence. A major problem of could be cured or rehabilitated. Most offenders who are convicted these penitentiaries was that many This hope came to dominate of serious crimes are §entenced to inmates became insane. correctional philosophy until the Department of Correcti.ons about 1975 when discouragement which has a variety of resources The period from 1870 to 1900 can and public backlash and a review ranging from 23-hour a day be called the "reformatory pe of formal research led Correc confinement in an individual cell, riod". Under this philosophy, tions Magazine to publish the to very periodic supervision in the offenders worked their way out of headline: "Rehabilitation is Dead". community. The continuum of prison by getting educated, supervision structure provided by learning a trade, and behaving Since 1975 Corrections has been the Department of Corrections well. Along with this came the looking for a philosophical base. will be described in more detail. notion that sentences should be Major movements lead to a a indeterminate and based on the return to equitable punishment and Correctional Philosophy inmate's progress. protecting society from serious offenders by imprisoning and, One of the great dilemmas The period from 1900 to 1925 is thereby, incapacitating them. throughout human history has frequently called the industrial Prison popula.tions have increased been what to do with those who period in American penal history. some fourfold during this period. commit cril1·.~~. The death penalty Inmates were ~nvolved in the The United States now imprisons is one of the few things that has building of roads, railroads, a larger portion of its population almost always been a factor. In farming, and even prisons. The than any other major nation. The earlier times corporal punishment, idea that offenders should work financial costs are leading many to such as flogging and other various has been almost universally question the approach. Perhaps forms of physical torture, were accepted, but it has been difficult today even more than at any other common, as were banishment, to implement. Initially there were time in our history, America is penal colonies and indentured abuses associated with indentured struggling with the dilemma of servitude. servitude. Later, inmates and what to do with those who commit inmate labor were leased to crimes. The United States has done much private contractors interested in to popularize the notion of the cheap labor. As competition and During most of the history of prison as "more humane punish labor laws developed, many in the American corrections, the needs of ment". The first major attempt private sector began to complain the victims have been secondary, was the Quakers' Walnut Street about prison labor providing if not forgotten. Since about Jail in Philadelphia. The notion unfair competition, thus making 1975, the victims' movement has was to incarcerate offenders, their operations less profitable. made major steps in sensitizin.g isolate them with the Bible, and let The battle for meaningful work the criminal justice system to them do penance, hence the name programs for offenders continues. victim's needs for information, penitentiary . input and consideration in the During much of the 20th century, criminal justice process. Restitu This philosophy predominated in there have been major break tion for victims from offenders is the Unites States from 1774 until throughs in medicine and the working only marginally well in well into the 19th century. In development of the social sci most jurisdictions. many of these penitentiaries there ences. Both offered the promise that offenders, who were either Report to Utah on Crime and Justice 47 = Status of prisoners in Utah jails Average Number of Prisoners by Status Correctional resources 1600 Jails - In Utah, jails are operated by county governments and are 1400 1351.9 used to house offenders after initial arrest and, in some cases, 1200 pending trial. Utah law also allows judges to sentence offend 1000 ers to jail for up to one year. In some cases, such a sentence is a ~ Q) 800 condition of probation. Jails are c: 0 Ul also frequently used to hold 'c: 0- prisoners temporarily for other 600 jurisdictions. The adjacent figure shows the types of prisoners 400 typically in jail in Utah as found by a statewide jail study in 1989. 200 A major issue in Utah in recent years has been whether the state a should reimburse the counties for Total Pre-Trial Post-Trial Hold inmates sentenced to jail as a condition of probation. The graph at the left shows the types of crimes for which jail Average Number of Prisoners by Charge Type inmates were incarcerated, as 1600 found in the 1989 jail study. 14lJO 1333 A large proportion of the jail population is there for only a 1200 short time, usually from the time of arrest until they are 1000 bailed out or released on their ~ own recognizance. Judges, on Q) 800 c: 0 occasion, will also order people 0c:U) 0- 600 to serve jail time intermittently, such as on weekends, etc. Jails 400 have been a very important resource in dealing with the 200 rapidly increasing prison popUlation. Since many jails 0 ~ ()~ k have space available, the .>0 ~0o ~& &-6 -so/- ~/ 'b O@ ?t- O' Department of Corrections ""6> Probation Imprisonment Utah law allows judges to place Approximately one-third of offenders on probation rather than convicted felons are imprisoned. imprison them. The judge can Utah law currently provides specify conditions for the proba sentencing in broad ranges tion. Conditions can range from depending on the degree of the offender being required to take seriousness of the crime of antabuse to sUbmiting to random conviction: Third Degree =0 to 5 drug testing or avoiding associat years; Second Degree = 1 to 15 ing with other convicted felons. years; and First Degree =5 years Field Services staff from the to life. The average time served Department of Corrections are by prisoners released in recent responsible for supervising these years is just over two years. offenders and holding them accountable to the judge. Parole Corrections has a classification Most inmates released from prison system that determines how are supervised by Field Services intensive the supervision is. staff in the community. This Supervision can range from the supervision is called parole. The offender mailing in a report parolee is answerable to the Board monthly to requirement that the of Pardons which has authority to offender reside in one of the seven set conditions similar to those community correctional centers judges set for probationers. operated by the Department of Corrections. In Utah, by the end of the first year, 57% of parolees have In recent years, electronic moni returned to prison. By the end of toring of offenders has been used two years, 74% have returned. to allow confinement of offenders The majority of these returns are in their own homes. Approxi for violations of the conditions of mately two-thirds of sentenced supervision and not for new felons are placed on probation. criminal offenses. This high rate They will typically be supervised of return is expected when Utah's from 18 to 36 months. By the end low incarceration rate is consid of the first year of supervision, 6- ered. 7% of probationers are sent to pnison for a technical violation or new crimes while on probation. By the end of two years, an additional 4-5% of the remaining probationers are sent to prison. Report to Utah on Crime and Justice 49 - Offender population The felony prison population has witnessed changes during the past decade. Changes in End-of-Month Inmate Population 1982 to 1992 The percent of felons admitted to 3000~------~ the Utah prison system has fluctuated over the past decade. 2500 The percent of total felonies admitted to prison reached a high of 33.5% in 1985 and a low of 2000 26.0% in 1987. Trends indicate !/) the felony adrriission rate peaked E E* 1500 from 1984 through 1987, and '5 Qj since, that time we have seen a .c decrease in the total percentage. § 1000 z The state population, as well 'as 500 the total number of felonies has increased dramatically since 1982. Since that time, the percentage of o 1982 1983 1984 1985 1986 1987 1988 1989 1990 1991 1992 total felony admissions to prison has increased by 64.1 percent. Year Source: utah Deportment of Corrections 1991 Annual Report In the last two years, the per centage of total felony admis sions to felony probation has increased at an even greater rate The Utah priaon population has Since 1983, the length of stay for than felony prison admissions. increased since 1~80. prison releases has increased slightly. In 1983, prison releases' At the end of 1991, there were By examining the end of month average length of stay was twenty 4,061 persons convicted of inmate population in the adjacent months, In 1990, the average felonies under probation supervi graph, we can see a growth from length of stay for prison releases sion. By the end of 1992, the 1,252 inmates in 1982 to 2,673 in was twenty-five months. In 1990, number had increased to 4,495. 1992. The 113% increase in it was estimated that a savings of Corrections provides similar inmate population over the past one month of average prison time supervision for those convicted of decade is a- cause f~')r concern with would save 67 beds. Class A misdemeanors since many regards to diminishing bed space of them committed felonies, but or overcrowding. The trend plea bargained to a lower offense. through the 1980s shows that unless there are significant policy changes, the rise in inmate popula tion will continue through the 1990s. Report to Utah on Crime and Justice 50 Probation and parole populations see changes Changes in End-of-Month Misdemeanor Probation Population 1982 to 1992 5500r------'------~ 5000 4828 Misdemeanor probation popula tions have drastically decreased 4500 f, :,l43~4 4180 since 1982. 40001 ' 3500 In 1982, the end-of-month misde meanor probation population ~ 3000 o reached a maximum of 4,828 :g 2500 individuals. By 1992, that number o had decreased over 85 percent, to ~ 2000 I'. ' 691. In 1984, the Utah Legisla ~ 1500" "" ture passed measures that de creased the Utah Department of ~ 1000 l i. Corrections' responsibility for the 500 ',,, ,> misdemeanor offenders in an od attempt to focus limited resources 1982 1983 1984 1985 1986 1897 1988 1989 1990 1991 1992 on the most serious offenders. Year Source: Utah Department oJ Correclions 1991 Annual Report Changes in End-of-Month Parole Population 1982 to 1992 End-of-month parole population 2400r------~ shows an upward trend in Utah. 2200 2110 2000 Similar to the trend witnessed in 1800 the inmate population, the parole 1600 population dramatically increased over the last decade. In 1982, the 8'l 1400 Cl) end-of-month parole population e:.r!f , 400 increasing parolee population is r;,rr'" .' 200 ' likely to continue, unless there are major changes in prison admission o -~ - 1982 1983 1984 1985 1986 1987 1988 1989 1990 1991 1992 practices. Year Source: Utah Department of Correclions 1991 Annual Report Report to Utah on Crime and Justice 51 Prison growth has resulted from population increases and policy changes Changes 1n Utah's Incarceration Rate Per 100,000 Population Utah's incarceration rate has 1982 to 1992 increased dramatically. 180 The crime rate in Utah has been relatively stable, but the incarcera 160 149 149 tion rate has increased dramati 140 cally, as shown in the adjacent graph. There are several reasons 120 c: for this occurrence .. .2 ~ 100 c. Some of the change can be a c. attributed to demographic shifts. 0 80 0 0 Most of the increase has resulted 0" from changes in policy. ..-0 60 ..... Q) c. 40 Prison population is simply a Q) 1ti function of how many offenders a: 20 are admitted to prison and how long they stay. More specifically, a the annual admissions multiplied 1982 1983 19841985 1986 1987 1988 1989 1990 1991 1992 by the average length of stay Year equals the prison population. For Source: Utah Department of Corrections 1991 Annuat Report example: 400 Admissions X 2 Years behavior criminal, or increases the Board of Pardons sentences for certain crimes, then 800 Prison Population suddenly a new sector of society Once an offender is sentenced to faces possible incarceration. prison, the judge loses jurisdic tion. The Board of Pardons Doubling admissions would An example of legislation increas determines when the offender will double the prison population, as ing the prison population can be be released. would doubling the length of stay. found in House Bill 209, which In Utah, we have increased both took effect in 1984. This legisla The Board of Pardons is a five the admissions and the length of tion created mandatory sentences member board that collects stay. for certain sex offenses. Since the pertinent information about prison measure took effect, the state has inmates and conducts hearings. Legislative decision making witnessed a significant increase in The Board of Pardons has author affects the prison population. the number of sex offenders in the ity to remit fines and forfeitures, Utah prison system. In 1982, only commute punishments and grant There are many instances where seven percent of the prison pardons. It also oversees the the increase or decrease in the population was sex offenders, but supervision of parolees. criminal population is the result.of by 1991,25% of the prison system legislative action. If the legisla was sex offenders. ture creates a law that makes some Report to Utah on Crime and Justice 52 • Emerging Issues Corrections is concerned with the setting which is very difficult in rapid growth in the offender the current system. The legisla population, particularly those in tion currently under consideration prison because of the requirement would anow counties to optionally of physical facilities for housing enter into such an agreement with offenders and because of the high the state. cost of imprisonment. Corrections has a five-year plan to develop Law enforcement is generally additional alternatives to incar moving toward "community ceration that will adequately policing" where police concentrate protect the public. on serving as a resource to neigh borhoods and communities. Corrections is also concerned Technology offers much to law about special populations, such as enforcement, both in actual crime the mentally ill and those with fighting as well as the ability to developmental disabilities. They organize, store, and retrieve often require special environ information about crimes and ments. There is also a re-emerg offenders. There is also some ing concern with treatment movement to consolidate law programs for sex offenders and enforcement services to improve drug offenders. A current initia efficiency and coordination. This tive is a recidivism reduction is evident from the many multi approach designed to enhance jurisdictional task forces that have offenders' basic academic and been formed. There are also some vocational skills. situations where dispatch and other support services have been The courts have a plan for consolidated. "Justice in the Twenty-first Century". They are concerned about the time and cost required to access the courts, and are propos ing increased use of arbitration. There are also proposals to utilize technology to simplify the court process and to restructure the courts to better meet needs. Prosecution is seriously consider ing the establishment of a state wide funded full-time prosecution system to replace the current county-based system. The feeling is that this would substantially improve the resources available to rural Utah and allow for standard Report to Utah on Crime and Justice 53 Basic Sources: Juvenile Court Overview. Utah The Utah Criminal Justice System Administrative Office of the - 1991. Utah Commission on The American Prison: From the Courts. Nov. 1991. Criminal and Juvenile Justice. Beginning - A Pictorial History. 1992. American Correctional Associa Media Guide. Utah Administra tion. 1983. tive Office of the Courts. April, Utah Department of Corrections 1992. 1991 Annual Report. Bureau of Justice Statistics Bulletin: Prisoners in 1991. U.S. OtfenderManagementTask Utah Department of Corrections Department of Justice, Office of Force: 5 Year Plan. Utah Depart Governor's Hearing: Fiscal Year: Justice Programs. Oct. 1992. ment of Corrections. July 24, 1994 Budget Requests, Nov. 10, 1992. 1992. Crime In Utah -1991. Utah Department of Public Safety, OJJDP Juvenile Justice Bulletin: Utah State Court.: 1992 Annual Bureau of Criminal Identification. Arrests of Youth -1990. U.S. Report. Utah Administrative 1992. Department of Justice, Office of Office of the Courts. 1992. Justice Programs, Office of Crime in the United States -1991. Juvenile Justice and Delinquency U.S. Department of Justice, Prevention. Jan. 1992. Federal Bureau of Investigation, Aug. 30, 1992. Quality of Life in Utah - 1992. University of Utah, Center for Criminal Justice Sentencing Public Policy and Administration, Policy Statement. National Survey Research Center. Dec. Council on Crime and Delin 1992. quency. April 1992. Report to the Nation on Crime and Doing Utah Justice: Commission Justice. (2nd Ed.) U.S. Depart on Justice in the Twenty-First ment of Justice, Office of Justice Century. Utah Administrative Programs, Bureau of Justice Office of the Courts. Dec. 1991. Statistics. March, 1988. Facts: Substance Abuse Informa State Justice Sourcebook of tionfor Utah and the Nation- Statistics and Research. U.S. 1991. Utah Department of Human Department of Justice, Office of Services, Division of Substance Justice Programs, Bureau of Abuse. 1991. Justice Statistics. Sep. 1992. Jail Study Committee Report. States in Profile: The State Policy Utah Commission on Criminal Reference Book -1991. Brizius and Juvenile Justice. Oct. 1989. and Foster and State Policy By David M. Bennett. Research, Inc. 1992. Report to Utah on Crime and Justice 54 FFN Chapter 6 The Juvenile Justice Response In Utah, as well as most other states, there is a separate justice system for juveniles. This chapter will attempt to describe that system and answer questions such as: Why does L1}e juvenile justice system function in a more coordi nated fashion than the adult justice system? How does the philosophy of juvenile justice differ from adult justice? At what ages do people commit the most crime? When will the "baby boom" population of the "at risk" youth peak in Utah? What implications does this have on the need for juvenile justice resources? What types of crime do juveniles most frequently commit? In Utah, what proportions of those who turned eighteen last year had contact with juvenile court for a criminal offense? Report to Utah on Crime and Justice 55 I The need for juvenile justice resources should peak in 1996 Utah's juvenile justice response Juvenile justice in Utah deals The number of high risk juve with a higher portion of the niles in Utah's population Juvenile justice in Utah is prima population than any state. should peak in 1996. rily a state function. Because fewer branches and levels of Earlier in chapter one entitled, The graph below shows the government are involved, the "Unique Utah," it was pointed out number of juveniles who are ages system functions in a more that Utah is by far the youngest 15 - 17 in the state, and who will coordinated fashion than the adult state in the nation with the largest impact on the state's juvenile criminal justice system. The percentage of school age popula justice system. Over 25% more Juvenile Court and the Division of tion. It was also pointed out that high risk age juveniles will require Youth Corrections share a com young people ages 15 - 18 commit services in 1996 than in 1990. mon ihiormation system, which crimes at much higher rates than However, after 1996, these needs also provides many advantages to those slightly younger or those should begin to decrease. The those seeking information. older. juvenile justice system and the legislature will need to carefully Juvenile Justice Philosophy allocate resources to handle this increase. Since 1905, youth in Utah have been dealt with by a specialized Juvenile Court which emphasizes rehabilitation rather than simple punishment. In a presidential task force report, The Challenge of Crime in a Free Society, it was Population Impact on Juvenile Justice stressed that the juvenile court Juveniles Ages '15 to 17, 1990 to 2000 must focus on protection of the community, but that "what should 140.0.------, distinguish juvenile from the criminal courts is their greater 120.0 emphasis on rehabilitation, not their exclusive preoccupation with 100.0 til it." Unti11941, the juvenile courts "C 80.0 in Utah were administered by the o.... til Governor, the State Superinten ~r-... 60.0 dent of Public Instruction, and the T'" Attorney General. From 1941 to .9 U') 40.0 1965, they were administered by the State Welfare Department. In ~c: 20.0 til 1963, the Utah Supreme Court til ::Ja ruled that it was unconstitutional ..r::: 0.0 for the Welfare Department to I- administer the court In 1965, the Juvenile Court Act established an Year independent, statewide juvenile court system. Source: 1990 Census of Population, General Population CharaclerlGtlcs: Utah Report to Utah on Crime and Justice 56 One-third of Utah's juveniles will have a criminal referral Ten Offenses Most Frequently Reported to the Utah Juvenile Court During 1991 Shoplifting Juveniles have a tendency to Theft commit different crimes than adults. Alcohol & Drug Offenses I~~~~:::::::::~ The adjacent graph shows the ten crimes that were most frequently reported to the Utah Juvenile Court during 1991. Trespass I~~·~~ Curfew ~ Disorderly Conduct :{l~~ ~~~ ____~ ____L- __~~ o 2,000 4,000 6,000 8,000 Number of Offenses Juvenile Court Contact and the Class of 1991 59.53% One third of all youth who turned 18 in 1991 had at least one criminal referral to Utah's juvenile courts during their teen years. DNo! Referred The 426 youth (1.37% of the class i Non Criminal of '91) who were referred for four 4"'::=-='''''''''---ii-1.37%' Misdemeanors Only or more felonies during their teen C}3 or Fewer Felonies years were responsible for 3,152 7.35% 1ii4 or More Felonies (53%) of the 5,925 felonies for which their class was referred. 31,042 Youth Turned 24.26% 18 in Utah in 1991 Report to Utah on Crime and Justice 57 I Utah has made major efforts to deinstitutionalize The juvenile justice response approximately nine percent of the For the most difficult and heinous cases. The county attorney's offenders, it is possible to certify Law enforcement officers have office may get involved in the the juvenile to stand trial as an considerable discretion in many more serious cases. adult and be sentenced as an adult. criminal apprehensions. This is particularly true in juvenile cases. The juvenile court has a variety of Youth Corrections Many less serious offenses may options in dealing with offenders. result in the juvenile being taken They may impose a fine, restitu The Divison of Youth Corrections to the police station, counseled tion or community service. If provides a variety of options to and released to parents. additional supervision is required, deal with the most serious and the court may place an offender on chronic juvenile offenders. The If the juvenile presents a high risk probation. The probation staff average daily popUlation in youth or has committed a serious work for the juvenile court and corrections programs has been offense, they may be kept in one typically maintain caseloads of relatively constant at about 440 of ten juvenile detention centers or about 20 probationers per proba youth the last few years as por multi-use centers located through tion officer. If the judge feels that t:rayed in the graph below. out the state. All but one of these still greater supervision is re centers is operated by the Division quired, the juvenile may be In the 1970s, there were over 400 of Youth COlTections. There are refelTed to the Division of Youth in confinement. Since then, Utah approximately 150 detention beds Corrections which is part of the has made a shift away from available. The use of jails for the Department of Human Services. institutionalization. incarceration of juveniles is almost a thing of the past in Utah. The Average Daily Population in Youth Corrections Programs exception may be a youth who is July 1985 to February 1992 certified to be tried as an adult. 100% The Juvenile Court is entirely separate from the adult courts. In 80% Utah, thirteen judges handle the ~ Q) 60% juvenile caseload for the entire "tJ C Q) state. In addition to criminal ::: 0 .<:: 40% ' matters, the Juvenile Court also :; 0 deals with dependency, neglect >- and abuse cases. 20% After a juvenile is arrested, the 0% ?& ?& case is refelTed to a juvenile court 0'6- O'e intake worker. It is expected that Year the intake worker will resolve half • Community wHome ~ of the cases without filing a Secure Facility Observation and Assessment _~ petition for formal court action. If a petition is filed, the intake officer will prepare a presentence report for the juvenile court judge. Probation is recommended in Report to Utah on Crime and Justice 58 Emerging issues include gangs, sexual abuse and racial disparity The following information treatment programs designed to support efforts in the minority describes the major types of confront delinquent norms, communities and to increase the youth services in Utah. criminal thinking, and antisocial equity in decision making as far as behavior. minority youth are concerned. Case Management - As shown in graph on the previous page, Youth Emerging Issues Juvenile Sex Offenders - The Corrections provides a variety of number of child sexual abuse types of supervision. All place Gangs - There is concern through reports are increasing very rapidly ments are assigned to a case out the United States, and particu in Utah. Research has shown that management workload. In larly in the larger cities, about the approximately 40% of the re addition, they receive a program increasing presence of youth ported crimes are being committed placement. gangs. Gang graffiti is trouble by juveniles and that many of the some. Frequently the gang is adults who molest children started Community Alternatives - The heavily oriented towards drug use the pattern of molestation when majority of those supervised by and crime. Violence is often they were juveniles. It is very Youth Corrections are placed in spawned by antipathy toward rival important that this type of behav community alternatives to incar gangs or law enforcement. Law ior be identified early and that ceration. There are approximately enforcement is making major treatment or some intervention be 40 different programs provided efforts to develop intelligence undertaken so that it does not through contracts in the commu networks and work with gang continue. nity. These include both residen members. There is a move to tial and non-residential programs establish harsher penalties for Intensive Supervision - There is such as group homes, foster care, gang-related crime. There is also also some movement to create a proctor care, alternative education, some effort to establish recreation type of supervision for young clinical treatment, tracking, and other meaningful activities people that would be extremely vocational training and career and relationships to help give high supportive and where the supervi development. There were 598 risk youth alternatives to gang sor would be a strong advocate for youth treated in these programs in involvement. the juvenile in trouble. Many feel 1991. the current model stresses ac Minorities - Across the nation and countability, but is not sufficiently Observation and Assessment - in Utah, ethnic minorities are supportive. This is a residential program arrested and involved in correc which provides assessment and tional programs in numbers that Ancillary Court Services - The treatment planning, intensive daily greatly exceed their representation courts could function better with programming and supervised trial in the population. There is some ancillary services such as placements. Three 16-bed centers evidence to suggest that minority child development and linguistic served 259 youthful offenders in youth may be involved in a experts, as well as other experts 1991. Youth stay up to 90 days in disproportionate amount of crime, who could advise the court on this program. and particularly violent crime. how to proceed in many of the There is also evidence to suggest difficult and sensitive situations Secure Facilities - Youth correc that there is substantial bias in the that come up when children are in tions has 80 secure beds in three criminal justice process that the courtroom. facilities where the most difficult results in more harsh treatment of youthful offenders are confined. minority youth. Efforts are being Youth receive education and made to increase prevention and Report to Utah on Crime and Justice 59 I Court Reorganization Discussion is currently underway regarding a reorganization of the courts. It may well be that the juvenile court function would be incorporated in a family court that would have broader jurisdiction in family matters. Currently, parallel proceedings may be going on in both the juvenile and district courts. Philosophy There is continual dialogue about the philosophy ofjuvenile justice. Utah' system is noted around the country as a model to be emulated in terms of providing treatment and services in the community. Others feel the system does not hold youth accountable for their criminal behavior. There promises to be spirited debate between the two perspectives. Information Sharing As noted elsewhere in this report, a higher percentage of people are arrested during their teenage years than at any other age. Some develop extensive criminal records. There is concern that information flow smoothly from the juvenile system to the adult system. Report to Utah on Crime and Justice 60 I Basic Sources: Crime In Utah - 1991. Utah Department of Public Safety, Bureau of Criminal Identification. 1992. Division of Youth Corrections Annual Report -1991. Utah Department of Human Services, Division of Youth Corrections. 1992. Juvenile Court Overview. Utah Administrative Office of the Courts. Nov. 1991. OJJDP Juvenile Justice Bulletin: Arrests of Youth - 1990. U.S. Department of Justice, Office of Justice Programs, Office of Juvenile Justice and Delinquency Prevention. Jan. 1992. Utah Juvenile Court -1991. Utah Administrative Office of the Courts. Report to Utah on Crime and Justice 61 Chapter 7 The Costs of Criminal Justice This chapter focuses on the costs of the criminal justice system. Some data is descriptive while other data is comparative. The following are issues of cost relevant to the discussion: How are criminal justice dollars dispersed among each level of government? Do different levels of government within the state spend their funds equally with regard to police, courts, legal services and correc tions? Historically, what percent age of state, county and municipal government funds are dedicated to criminal justice functions? How much does it cost to incar cerate an adult offender? How much do juvenile offender pro grams cost? What are the costs of probation and parole? What does it cost to operate the court system? What are the average salaries of individuals in the court system? How much money is raised through the criminal justice system? Report to Utah on Crime and Justice 62 ...... I ...... ~ ...... - ~~.a ...... _...... ~.. Ma...... Criminal justice expenditures among levels nf government ------,------,------.------In the United States, 1989-1990, the federal, state, and local Types of Expenditures at Each Level of Government governments spent $79.5 billion on criminal justice related Utah expenses. Federal State County Municipal With all levels of government taken into account, 3.6% of all National Education Health General spending was for criminal justice Defense 32.6% Govnt activities. Out of this total, 1.6% 17.6% 24.7% went to police protection, 1.2% 24.8% went to corrections and .8% went to judicial and legal expenditures. Federal- In the fiscal year 1989- 1990, two-thirds of the federal budget went to three items: national defense, social insurance/ Public Works trust payments and interest on the Social General national debt. The federal govern 13.0% Insurance Govnt ment contributed .7% of its budget 35.4% Trust Public in the pursuit of criminal justice Payments Welfare activities. In comparison with its 28.1% 18.3% criminal justice expenditure, the Transport. federal government spent over 21.7% fourteen times more federal money on debt maintenance. Interest on Highways Transport. State - Approximately one-third of General 12.1% 9.7% Utah's state general expenditure Debt Other Public went to education. Criminal Parks and 13.5% Safety 7.6% justice expenditure represented Health Resources only 5.8% of the state's general 7.7% Parks and Environment 11.2% , expenditure of $2.49 billion. A Resources and Housing majority of the state's general " 8.5% 14.6% expenditure flows to education, General public welfare and highway Govnt ~~IJlOlilllcw . . ©]\1ikilli~1 construction/maintenance. Public 12.2% {@~.~ .. ·.Mra{~. Welfare 11@J~t& County - The county governments 8.3% <.; @fljMliliI~jr in Utah spend over one-third of Postal 2.8% ,Jllf~lr;.\~\'i'J., their funds on general government Cr Just .7% Other Other Other activity. At 20.7%, criminal Other 7.3% 7.1% 8.9% 8.6% justice activities account for a larger proportion of the county's Source: U.S. Bureau of the Census; Government Finances in 1989·1990 budget than any other level of government. Report to Utah all Crime alld Justict.' 63 I ...... a ...... r...... Criminal justice spending differs according to the responsibilites of each level of government MUllicipaZ- Utah cities also commit a large proportion of their State and Local Justice System Payroll budget to criminal justice activi 25 I\!IState ~nCounty DMunicipality ties. Nearly one-sixth of the cities' budgets are dedicated to 20 criminal justice related items. It is interesting to note that over one fifth of the municipalities' budgets 15 are committed to transportation. 10 In Utah state government, corrections accounts for over half of the criminal justice 5 spending. 0 Pcli.. '8 Courts Frcsecutioll/ Corrections In 1990, the Utah state govern Prolp,:ti..Vf 14,'% LegalService~ 27.8% 4~~ 8,O~ ment criminal justice expenditures were: S.Jwca. Bureau 01 Justice f3tatisiic,'.; Sourcobook 1991 54 % for corrections 27 % for judicial/legal Here we see a more heterogenous for 28.7% of the police protection services mixture of criminal justice expen expenditure, while the state 19 % for police protection diture. Though counties clearly contributed 17.9% to police expend a larger proportion of their protection. The cities and towns The state level expenditure for budget on police protection, a of Utah contributed no expei1di corrections accounted for 72.3% significant proportion of funds is tures towards corrections. of the total conections expendi spent in the remaining categories. tme within the state. The remain In summary, a statewide analysis der of conections expenditures, Utah municipalities spent most shows 44.6% of the expenditures 27.7%, came from the county of their criminal justice fm~ds on went to police protection, 32.0% level. police protection. went to corrections, 13.9% went to the courts, 7.8% went to prosecu Nearly half of Utah counties' In 1990, Utah municipalities tion and legal services, 1.2% went criminal justice expenditures spent: to public defense, and .5% went to were for police protection. other criminal justice activities. 86 % for police protection In 1990, Utah county governments 15 % for judicial/legal spent: services 46% for police protection Utah municipalities' expenditures 31 % for corrections for police protection accounted for 23% for judicial/legal 53.4% of all Utah criminal justice services expenditures towards police protection. Counties accounted Report to Utah 011 Crime and Justice 64 An historical look at Utah expenditures Utah's spending on criminal Over the past five years the cities justice has remained very stable have also experienced some ,(;inor over the past five years. fluctuations. Looking at the graph below, we The county level contributes the see that since 1985, the largest least in ten11S of total state criminal portion of the total criminal justice justice expenditures. County spending has come from the state expenditures have remained level. The amount of dollars suprisingly consistent over the past contributed by the state fluctuated five years. from 1985 to 1990, but the changes have not been erratic. Generally speaking, we have not witnessed one level of government The municipal level accounts for contributing more or less to the the second largest portion of maintenance of the criminal justice Utah's criminal justice spending. system in the state of Utah. Historical Trends in Utah Justice System Funding 1985 1986 1987 .... C\l Ql >- .• .i::i! '{iI"'. 1988 1989 1990 0% 20% 40% 60% 80% 100% IDState County DMunicipal Source: U.S. Bureau of the Census: Government Fincances Report to Utah Ofl Crime and Justice 65 1------Cost of youth corrections Direct Expenditures for Corrections Activities Me(l'slnstifUtlorls Alen's/nsbtut1OJ1s 202% JUV8(IJJalnslitutions 11.0% Utah United Slates Source: Bureau 01 Justice Statistics: Sourcebook 1991 Youth Corrections consumes 27%, secure facilities comprise Multi-Use Facilities--These nearly one-fifth of all direct 19%, and observation and assess facilities provide a shorter tern1 expenditures for corrections ment comprise 10% of the budget. detention with 24-hour-a-day activities. supervision and programming. Youth corrections systems There are three such programs in Utah's youth population is propor provide a wide array of pro Utah with a total capacity of 12 tionally higher than the national grams to help Utah's youth. secure beds and 18 shelter beds. average. We would expect to see These facilities are provided at an this demographic characteristic Case Managemellt--This program average cost per bed of $74.12 per reflected in youth corrections. allows for monitoring of the day. Indeed we do see a larger propor young offenders, coordinates tion of corrections expenditures different treatment plans, and Community Alternatives--The going to youth corrections in Utah helps the offender through the alternatives are community based compared to the national average. court system. As of 1991, there programs that include group were 20 case managers in Utah homes, foster care, alternative Several different programs are used and an average daily popUlation of education, proctor care, clinical in Utah for youth corrections. Each 438 offenders. This service is treatment, vocational training and is characteristically different both provided at an average cost per career development. Currently in cost and function. Facilities youth of $9.48 per day. there are 40 such programs on the range from community alternatives, contract list. The costs of some where youth are put into commu Secure Detentio11--This program programs range from $12.00 to nity based residential and non provides secure confinement for $120.00 per hour while others residential programs, to secure the young offender pending range from $14.25 to $120.00 per facilities, where youth are placed adjudication or placement. In day. into confinement. In Utah, deten Utah, there are seven programs tion comprises 31 % of the Division with a total capacity of 139 youth. of Youth Corrections' budget, Secure detention is provided at an community alternatives comprise average cost pe:r bed of $90.73 per day. Report to Utah on Crime and JlIstice 66 The costs of public safety Observation and Assessment- Instructor $17,933 These are 90-day residential Food Costs 4,658 programs providing assessment Dorm Costs 5,406 and treatment planning, intensive Night ClasslFood 1,500 daily programming and supervised Books/Supplies 2,512 trial placements. There are three Emergency Vehicle 6,400 programs in Utah at an average Firearms/Ammunition 3,600 cost per bed of $101.75 per day. Miscellaneous 160 Secure Facilities--These facilities The above information was provide secure confinement, provided by Utah's Peace Officer education, and treatment of the Standards and Training. most seriously delinquent youth. There are three such programs in Instructors account for a large Utah, and the average cost per bed portion of the costs, as do food of $134.31 per day makes this the costs, dorm costs, and emergency most expensive youth corrections vehicle operation/training. alternative. Most individuals complete the All figures and descriptions were P.O.S.T. program at the request provided by the Utah Department of the agency for which they are of Human Services, Division of employed. There is, however, a Youth Corrections: Annual self-sponsored program for Report 1991. individuals who wish to complete the P.O.S.T. program for their own purposes. In this case, the Peace Officer Standards and individual pays tuition of $2,100 Training (p.O.S.T.) provides without the dorm room and $2,675 peace officer training for state, with the dorm room. county and local agencies. The self-sponsored students are P.O.S.T. provides an eleven week blended in with state-sponsored academy program to train indi students for eleven weeks of viduals in peace officer skills and training. It is interesting to note, knowledge. Each program runs at over the past months, the number a total cost of $42,179. Usually of state-sponsored students has seven sessions run over the course been increasing, which has of the year for a total cost of over reduced the number of self $295,000. sponsored students able to partici pate in the program. An average of thirty-two students participate in each of the seven sessions. The cost of each session can be broken down in the follow ing manner: Report to Utah on Crime and Justice 67 I A look at Salt Lake City/County police and jail service costs The Salt Lake City Police It costs the department $1,224 per The Salt Lake County Jail spent Department spends a majority recruit for processing responsibili nearly ten million dollars in of its funds on traditional police ties. This includes testing, back fiscal year 1992. activity. ground checks and other evalua tive measures. The two most significant costs In fiscal year 1992, the total associated with running the Salt budget of the Salt Lake City In addition to processing, the Lake County Jail are salaries and Police Department was over $22 department outfits the individual operations. million. The following are officers at a cost of $2,930 per percentage breakdowns of some officer. The uniform, including Sixty percent of the total significant items in the police hat, shirt, pants, helmet and $9,678,100 jail budget went to budget: cleaning, costs the department salaries. Jail employees' salaries $320 per recruit. Handcuffs, vest, vary according to rank and Police patrols 39.5% radio and weapon, cost the depart duration of employment. For Investigations 20.2 ment $2,250 per recruit. Officers' jailers who work on the different Records 11.0 overtime pay for additional tiers of the county jail, salaries Traffic Enforcement 8.7 training costs the department $360 range from $1,688 to $2,376 per per recruit. month. As expected, police patrols account for a major portion of the Training for each individual At over three million dollars, criminal justice spending at the officer is both extensive and operations account for one third of local level. expensive. From start to finish, the county jail budget. Operations the cost of training each recruit consists of items such as food, Standard costs of preparing reaches an approximate total of clothing, kitchen supplies, laun recruits in Salt Lake City reveal $19,246. dry, and medical supplies. Nearly a mix of training and outfitting. one million dollars is contracted Once the recruit reaches the Salt out for the mental health care of Two of the most significant costs Lake City Police Department, inmates. According to the county to the Salt Lake City Police their final portion of training costs jail, inmates are housed in their Department are outfitting and $8,000, or approximately $400 per facilities at an average cost of training. A standard patrol car recruit. This is not the end of the $41.50 per day. costs the department approxi training, however. Recruits mately $28,000. In budgetary proceed through fourteen weeks of This information was provided by terms, that amount is spread officer training. The officer the Salt Lake County Jail. across five years for a total of training is counted as a patrol $4,550 per year per car. Out of function; therefore, there is no that amount, $1,750 is set aside additional cost. The new recruit for vehicle fuel and maintenance. receives a salary of $30,330 per year, including benefits. This information was provided by the Salt Lake City Police Depart ment Fiscal Unit. Report to Utah on Crime and Justice 68 Utah's court expenditures The summary budget of the Utah court system reached fifty Utah District and Circuit Court Expenditure four million dollars in fiscal year A Five-Year Analysis 1991. 30 The judicial jurisdictions of the state court system are broken into 25 eight districts. In 1991, 125 judges served in 150 justice courts 20 in the state of Utah. The budget for the Utah court system in fiscal ~ 15 year 1991 can be defined in the .!!1 (5 following manner: 0 '0 10 Report to Utah all Crime alld Justice 69 CorrecHonal costs Institutional costs have shifted over the past decade. According to 1990-1991 figures, the Department of Corrections spends nearly $1.7 million per pay period, on approximately sixteen hundred employees. In examining some elements of the Institutional Operations budget, there are changes in levels of spending among categories. From 1983 to 1992, food costs Historical Changes in Corrections Institutional Costs increased much more slowly than 1983 medical costs. In 1983, food costs accounted for one of the largest 1984 items of institutional costs but, by 1985 1992, food costs were a distant 1986 second place. Medical costs in 1987 ffi 1983 were one of the smaller Q) >- items on the budget but, in 1992, 1988 medical costs commanded a large 1989 portion of the Institutional Opera 1990 tions budget. 1991 The average cost per inmate day 1992 for each of these services shows 0% 20% 40% 60% 80% 100% medical costs highest, followed by I-Food -Medical [;;JUtilities DMaint I food costs, maintenance, and Source: Utah Departmenl 01 Correct!ons utilities. The following gives us the actual breakdown: Medical $6.90 Food 4.54 Maintenance 2.93 Utilities 2.21 Report to Utah on Crime and Justice 70 Probation and parole costs The average cost per day per inmate remained stable nntil Total Cost Per Day Per Inmate 1991. 1985 - 1992 The average cost per day per $60r------. inmate approximates $50.16 in 1992. However, throughout most $50 of the 1980s, this cost ranged from a low of $39.22 to a high of $40 $42.49. The past two years have seen this number climb into the fifty dollar per inmate per day $30 range. Part of this increase can be attributed to inmate population $20 growth, rapidly increasing medical costs, and the opening of a new prison at Gunnison, Utah. The $10 sharp increase in medical costs was discussed earlier. The inmate $0 population doubled between 1985 1985 1986 1987 1988 1989 1990 1991 1992 and 1992. Year Source: Utah Department of Corrections Division of Field Operations expenditures reach $20 million in 1992. supervised over eight thousand In summary, certain costs are offenders, who can be accounted increasing in the Utah criminal Though we have seen increases in for in the following manner: justice system while others are the total budget of the Division of decreasing. As the emphasis of Field Operations, total cost per Felony probation 4,047 criminal justice changes with the day per supervised individual has Parole 1,881 attitudes of society, costs of remained quite constant. In 1992, Class A misdemean. 1,518 programming/construction and it cost an average of $3.50 per day Other offenders 627 personnel can shift. per individual supervised (felony probationers and parolees). During the 1980s, this number ranged from a low of $3.22 in 1985, to a high of $4.11 in 1987. In 1991, the Division ofField Operations had $1.4 million allocated for programming and contractual agreements. As of June 30, 1991, the Division Report to Utah on Crime and Justice 71 Basic Sources: Division of Youth Corrections Annual Report: 1991. Utah Department of Human Services. Government Finances: 1989- 1990. U.S. Department of Com merce, Economics and Statistics Administration, Bureau of the Census. Sourcebook of Criminal Justice Statistics -1991. U.S. Department of Justice, Office of Justice Programs, Bureau of Justice Statistics. Utah State Courts: 1992 Annual Report. Utah Judicial Council. Report to Utah on Crime and Justice 72 Chapter 8 Child Sexual Abuse Child sexual abuse is a problem demanding national attention. This chapter assesses the situation by addressing the following questions: What is the incidence of child sexual abuse? To what extent is the incidence of child sexual abuse increasing or decreasing? What are the characteristics of the victims? What are the characteris tics of the perpetrators? What happens to sexual abuse perpetrators in the law enforce ment and judicial systems after abuse is reported? What proportion of perpetrators are juveniles? What happens to juvenile perpetrators? Report to Utah on Crime and Justice 73 I Child sexual abuse in the public forum Child sexual abuse is high on the state. Protective Services has recognized a need to make the public agenda. been expanded and major efforts process much more efficient by have gone into training staff. increasing the coordination Concern over child abuse, and Most of the larger police agencies between the various agencies and particularly child sexual abuse, is have units that specialize in concerned parties. A large (30- rapidly becoming a major national investigating these types of cases. member) task force was formed to concern. In 1974, the United Some prosecutors have also been encourage joint planning, commu States Congress passed the Child assigned to specialize in child nication, and coordination among Abuse and Neglect Prevention sexual abuse cases. Guardian ad the many people and agencies Act. Awareness in Utah was litem services are available in attempting to respond to child substantially heightened in the some locations. Victim/witness sexual abuse. early 1980s as a series of children units have been created with a were reported missing and later major purpose to support child What is the incidence of child were found brutally murdered victims through the criminal sexual abuse? after they had been sexually justice process. Considerable abused. energy and money are being This is a difficult question to expended. There has been some answer with confidence, since In 1983, the Utah Legislature backlash, particularly among child sexual abuse is a hidden passed what many felt were the many who purport to have been crime. Many in society refuse to most progressive and punitive falsely accused of child sexual acknowledge its existence. Others mandatory sentencing laws in the abuse, and those whose discretion feel that what happens in a family nation regarding child sexual has been removed. setting is private and should not be abuse. Since then there have been discussed. Therapists, and par major initiatives regarding child In 1989, the Utah Commission on ticularly those who deal with sexual abuse in every legislative Criminal and Juvenile Justice and multiple personality cases, fre session. Advocacy groups have the Division of Family Services quently find that the abuse was so been active in many areas of the Table 8.1: Summary of Studies of Incidence of Child Sexual Abuse Study Year Percent of Women Percent of Men Kinsey 1953 24% Preadolescent Finkelhor 1979 19% through age 16 9% through age 16 Kercher 1980 12% as children 3% as children Russell 1983 38% through age 18 Finkelhor 1984 15% through age 16 5% through age 16 Committee on 1984 27% before age 16 15% before age 16 Sexual Offenses Against Children and Youth (Canada. 1984) Report to Utah 011 Crime and Justice 74 Incidence of child sexual abuse traumatic to the victim that the To what extent is the incidence year by the Division of Family abuse had been repressed from the of child sexual abuse increasing Services increased steadily conscious mind, only to be or decreasing? through the 1980s. At least part of allowed back into consciousness this rise in reporting is plausibly a many years later. Considering the The Division of Family Services is result of increased awareness of many limitations, the best way to the agency with the responsibility the prevalence of child sexual address this question seems to be for investigating reports of child abuse. Nevertheless, the growing through survey data. No such abuse and neglect. Information numbers are significant. The surveys have been conducted gathered by the Division is stored following graph illustrates the specifically applicable to the in the Central Register for Child climb in the number of substanti population of the State of Utah; Abuse and Neglect, documenting ated cases of chile! sexual abuse however, there are studies related the incidence of child abuse in the and neglect. There was a small to the United States and Canada state. The following information decline between 1985 and 1986, that should be suggestive of the is taken from the 1991 Annual then a steady increase to a high of problem here. These are summa Report of the Central Register for 2,316 in 1991. rized in Table 1 on the previous Child Abuse and Neglect. The page. All of the studies were central registry is now used only Of the substantiated cases of abuse based on retrospective self-reports as an in-house management and neglect, the highest number of of childhood experiences. Al information system. reports were of sexual abuse though these studies are not (1,846 reports) followed by strictly comparable due to varia The number of allegations of child physical abuse (1,607 reports) and tions in definitions and re~earch sexual abuse substantiated each physical neglect (1,526). methodology, their findings suggest from 12 to 38 percent of Substantiated Cases of Child Sexual Abuse and Neglect in Utah all women, and from 3 to 15 Calendar Years 1983 Thru 1991 percent of men report being subjected to some form of sexual 3000r------·------~ abuse during childhood (taken from When the Victim is a Child: Issues for Judges and 2500 2316 Prosecutors, Dept. of Justice, 1985). 2000 en enQ) Our society places considerable C1l () 1500 value upon the safety and well '0 Q) being of children. The trauma and ..a E 1000 disruption to life which therapists ::l and social scientists report that Z result from child sexual abuse, is 500 an extremely serious problem in the eyes of society. There is also considerable evidence that those 1983 1984 1985 1986 1987 1988 1989 1990 1991 who are victimized tend to be Year come offenders. Report to Utah on Crime and Justice 75 Characteristics of the victims Referral Source Substantiated Child Sexual Abuse Referrals Victim Other DDS The adjacent graph categorizes the Perpetrator substantiated cases by who referreci the case to the Division of School Family Services. Twenty-four percent of the cases were referred Other by law enforcement or the courts, Medical and 20 percent were reported by a relative of the victim. Other Social Agency Relative Law/Courts 279 o 50 100 150 200 250 300 350 Number of Referrals Source: Division of Family Services Gender Victims of Substantiated Child Sexual Abuse Most victims of child sexual abuse are women. The vk..ims of child sexual abuse reported to the Division of Family Services in 1988 were typically female. This graph shows there was a three to one, female to male, ratio for victims of child sexual abuse. Source: DivisIon 01 FamUy Services Report to Utah all Crime and Justice 76 '------~""""""""""""""""""""""u·"""""""""""""" Nearly three-quarters of the child sex abuse victims were younger than 12 years old Age Victims of Subtantiated Child Sexual Abuse Five & Younger Nearly half (47%) of the victims were between the ages of six and eleven. Thirty percent were 12 Six - Eleven 47% years old and older, and 24 percent were five years old or younger. Twelve & Older 30% Source; Olvlslon of Family Services Prior Substantiated Referrals Victims of Substantiated Child Sexual Abuse Of the victims of child sexual abuse, 22 percent had previously been victims of child sexual abuse substantiated by the Division of Family Services. 78% ~'.'~~'_Fa_ml_~s_eM_c_es ______~ l,______Report to Utah on Crime and __ .Iustice 77 ------ ..Characteristics ------.,------~ of the perpetrators .. ------~ Relation to Victim Child Sexual Abuse Perpetrators In most cases, the victim knows the perpetrator. Other relative Ba~,y sitter The adjacent graph shows what relation, if any, the perpetrator had Grandfather to the victim of child sexual abuse. Live-In In 39 percent of the cases the Uncle perpetrator had no relation to the victim. Of those perpetrators Stepfather related to the victims, 15 percent Sibling were fathers and 14 percent were Father siblings. Also significant w~re the stepfathers and uncles, each Non-relative 449 representing nine percent of the o 100 200 300 400 500 total number of cases. Number of Perpetrators Source: DIVision of Family ServIces L______.__ ------' Age Child Sexual Abuse Perpetrators Eleven & Younger Adolescent 33% Twenties Nearly half (42%) of the perpetra tors were 19 years old or younger, Thirties with the largest group (33%) being between the ages of 12 and 19. Forties The next largest category was the perpetrators in their thirties (22%), Fifties followed by those in their twenties Sixties & Older (16%). o 20 40 60 80 100 Percent Source: DIVision of Family Services Report to Utah on Crime and Justice 78 Criminal justice response to child sexual abuse What happens to child sexual ated for the Juvenile Court. To As a result of the quality of the abuse perpetrators in the law gain a criminal conviction of an case and the risk of mandatory enforcement and judicial sys adult, the prosecutor must prove minimum prison terms, many tems after abuse is reported? "beyond a reasonable doubt" both offenders are willing to plead criminal intent and criminal guilty to a charge that does not Utah law states that people who action. The relevant law enforce require a mandatory minimum have reason to believe that child ment agency for each randomly sentence. Since a guilty plea sexual abuse has occurred have a selected case was contacted either guarantees a conviction and legal obligation to report to either by visit or by phone to gather cannot be appealed, the plea law enforcement or the Division information regarding the disposi bargain saves a difficult trial for of Family Services. After receiv tion and disposition date of the everyone. Prosecutors plea ing a report, the Division of case by law enforcement and bargain most cases. Family Services is required to prosecution agencies. investigate in an attempt to determine whether or not abuse Child sexual abuse cases are occurred. Essentially, substantia difficult cases for prosecutors. tiori consists of fmding evidence Sound physical evidence is to indicate that child sexual abuse frequently not available. If the has actually taken place. During perpetrator is a relative, the 1989,40 percent of the repOlts in prospect of a child's testimony Salt Lake County were substanti resulting in a conviction and ated. The major purpose of the lengthy prison term often creates investigation is to make determi difficulty for families in coping. nations of what if any actions are The court system and process are needed to protect the child. The not designed for children and are State Department of Human frequently very traumatic for Services maintains a Register of them. Other things being equal, Reported Child Abuse Cases the child is often at a disadvantage which have been substantiated. because of age, lack of experience, and emotional immaturity. From If child protective services sub the prosecutor's perspective, child stantiates a report, the case will sexual abuse cases are time typically be referred to law consuming. As a result of the enforcement. Law enforcement above reasons, many prosecutors has the responsibility for investi want an "open and shut case" gating the case, looking for before proceeding with child evidence that can be used in court sexual abuse prosecution. Pros proceedings to accuse and crimi ecutors' offices were also con nally prosecute the perpetrator of tacted by visit and telephone to the abuse. In this undertaking, the gain additional information and to law enforcement investigator obtain disposition information. works closely with a prosecuting The information regarding the attorney. If the perpetrator is a decision not to proceed with juvenile, the case will be evalu- prosecution was particularly interesting. Report to Utah on Crime and Justice 79 Utah study of child sexual abuse Utah studies 100 randomly information from the file folders that the prosecutor was unable to selected cases of child sexual kept in individual offices. Of the establish the elements of the abuse. 100 cases, 60 were adult perpetra crime. In eight additional cases, tors and 40 were juveniles. the victim or the victim's family The purpose of tills study was to refused to cooperate. The pros document the case flow of 100 Tracking the Case Process for ecutor rejected the case for randomly selected substantiated Adult Perpetrators: unspecified reasons in seven cases cases of reported child sexual and records were not available in abuse. A substantiated case is one Law EnforcementiProsecution: three more. Three other cases where a protective service worker Of the 60 adult perpetrator cases were referred to other states and a has investigated the case and feels where the files could be found, 54 diversion agreement was executed that there is reason to believe that were referred to law enforcement in another. child sexual abuse has actually for formal investigation. The occurred. purpose of this investigation is to The fact that nearly two-thirds of attempt to gather sufficient the substantiated cases referred to After identifying the 100 substan information to justify prosecution law enforcement were not pros tiated cases from the automated of the case. Thirty-four of the ecuted may be a cause for substan Child Abuse Registry kept by the cases were rejected (see flow tial concern. Other questions that Department of Human Services, diagram). The most frequent should be addressed include: Can an attempt was made to gather reason for rejection (13 cases) was more of the cases be successfully Child Sexual Abuse in Utah: Case Flow For 100 Randomly Selected Substantiated Cases 1 Acquitted 6 Not 34 Rejected 1 State Hosp 13 Probation + "1---+ 20 .~ ~ Prosecuted 5 Prison· ~ f ~ ~ • 1 Mandatory Minimum jl 9 Probation c 1-----; Sentenc& ..§; -, o 1 Youth Corrections ... +50113 Probationers were revoked e Rejected to prison 14 Not 1 Custody Change Investigated I Report to Utah on Crime and Justice 80 ------ prosecuted? To what extent are in prison and in the community)? centers" have recently been other actions dealing with the How much difference is there in established with this principal goal problem of the offenders remain the time offenders serve in prison in mind. ing free in society? What is being who are sentenced to mandatory done to protect children in these minimum terms and those sen There is also concern about the cases? Is prosecution the best tenced to indeterminate terms? cost and benefit of long term approach to deal with the prob confinement of sexual abuse lems these offenders present? Tracking the Cases For Juvenile offenders. Some feel that many of Offenders the offenders can be better treated Prosecutors were very effective in and controlled in the community, getting convictions in the 20 cases Of the 40 substantiated cases after a short period of incarcera where they pursued prosecution. where the suspected perpetrator tion. This would require special Seventeen defendants plead guilty, was a juvenile, eight of the cases ized resources. two were found guilty in trials, were not referred to law enforce and only one was acquitted. ment for investigation and in three Since many child sexual abuse other cases the file could not be offenders start offending as The expectation based on the found. Of the 26 cases referred to juveniles, this appears to be the mandatory minimum sentence law law enforcement, eight were best time to intervene. Efforts are is that all or most of the sentenced rejected by both law enforcement underway to increase the re perpetrators will go to prison for and the prosecutors. Of the sources available to address this the typical term of 10 years. The eighteen cases considered by the problem. figure on the previous page shows Juvenile Court, six were dis that only five of the 21 convicted missed, nine youthful offenders Finally, there is some controversy offenders were initially sentenced were placed on probation, one was around Utah's mandatory sentenc to prison, fourteen were placed on referred to youth corrections, one ing laws and those believing that probation, and one was sent to the was placed at the State Hospital, offenders would be more likely to State Mental Hospital. Typically, and one was given a custody disclose victims and seek help if this occurred as the result of a plea change. the laws were abolished. bargain to a lesser offense that did not carry the mandatory minimum Emerging Issues: term. The biggest concerns are still the The fact that most convicted child unreported cases of child sexual sex abusers are not being sen abuse and how to encourage the tenced to prison and are not victims to report. receiving mandatory minimunl terms raises many questions. A related and probably more Does the mandatory minimum important concern is ensuring that term encourage plea bargaining the response to reported child and thereby increase the number sexual abuse results in an im of convictions? To what extent do proved situation where damage to the offenders who are granted the victim is not increased. This is probation recidivate? How often difficult to accomplish. effective are treatment programs Three pilot "children's justice for these types of offenders (both Report to Utah on Crime and Justice 81 I Basic Sources: Child Sexual Abuse Task Force Report. Utah Commission on Criminal and Juvenile Justice and the Utah Division of Family Services. May 1991. The Division of Family Services Annual Report: 1991. State of Utah Department of Human Services. 1991. When the Victim Is a Child. 1st Edition. U.S. Department of Justice, Office of Justice Pro grams. National Institute of Justice. 1985. When the Victim Is a Child. 2nd Edition. U.S. Department of Justice, Office of Justice Pro grams. National Institute of Justice. 1992. Report to Utah on Crime and Justice 82 Chapter 9 Drugs and Crime There is a close relationship between the use of alcohol and other drugs and many othe types of crime. For this reason a chapter is included to address such ques tions as: Why are some drugs legal and others illegal? Who decides? How do Utah penalties for illegal drugs compare to federal penal ties? Why are drug crimes seldom reported? What federal agencies investigate drug law violations? What Utah agencies investigate drug law violations? What special prob lems does Utah have with drugs? How many arrestE: are reported by Utah law enforcement agencies? What happens to offenders who have been arrested for drug law violations? How often are assets of drug offenders seized? What "fronts" other than criminal justice are part of the "war on drugs"? Are we winning the "war on drugs"? What relationship is there between drugs and crime? How serious a problem is ddving under the influence of alcohol? What are the emerging concerns regarding drugs and crime? Report to Utah on Crime and Justice 83 Many agencies in Utah are concerned with drug abuse We live in an age where drugs, drug. There is controversy about cases a crime laboratory is in including alcohol, playa major dmg classification. Some people volved in analyzing suspected role. They are used to reduce pain with serious diseases complain substances. and anxiety, to control depression, that the Federal Drug Administra to speed people up and to slow tion is too slow and conservative Many different agencies are them down, to enhance recreation, in approving new drugs for use. concerned with drug abuse to kill microorganisms, to encour Others complain that because of investigations. The Drug Enforce age the body to develop its own social pressure, drugs such as ment Administration has been antibodies, and for a myriad of alcohol and tobacco are not charged with the major drug other purposes. The legitimate controlled. Others feel that control responsibilities at the drug industry is a multi-billion substances such as marijuana federal level. However, the FBI, dollar a year industry. In the should be decriminalized. The U.S. Attorney's Offices, and the United States the Federal Drug Act also provides penalties for Treasury Department's Bureau of Administration (FDA) has been unlawful manufacture, distribu Alcohol, Tobacco, and Firearms created to provide controls. A tion, and dispensing of controlled are also frequently involved. major concern of the FDA is substances. Utah statute (UCA safety. They are concerned with 58-37) references the federal In Utah, the Department of Public the purity and quality of drugs and schedules, but has its own penal Safety is involved through its their effects. A great many drugs ties. Currently, the federal Narcotics Enforcement Bureau, are allowed to be sold "over the penalties are generally more the Highway Patrol, the Division counter" without a physician's severe than the Utah penalties, of Investigation, and the crime prescription in stores. Other drugs which again causes controversy. laboratories. The state Depart may be dispensed only with a ment of Commerce monitors prescription from a medical Investigation of Drug Offenses pharmacies and chemical compa doctor. Drugs the FDA feels are nies. Each sheriff's office and unsafe or unproven, or where the Drug offenses differ from most police department is also involved disadvantages of availability other crimes because there is in investigations in their jurisdic outweigh the advantages, are not typically no specific victim to tions. Many agencies have allowed to be sold in the United report the crime. As a result, drug overlapping jurisdiction, and their States. crimes are seldom reported. Most disputes over who was going to arrests are the result of the investi break the case have provided Unfortunately, there are many gative efforts of law enforcement. many entertaining movie scenes. people who want to circumvent Often these investigations are very In recent years, the agencies have the controls established by the elaborate involving informants, started working together in multi Federal Drug Administration and undercover work, detailed exami jurisdictional task forces to use drugs illegally. The illegal nation of financial and other coordinate their resources. drug business is also a multi records, etc.. Law enforcement billion dollar a year business. The officers sometimes use video illegal use of drugs is governed by recordings, listening devices, night the federal Controlled Substances vision equipment, and various Act, which divides illegal sub other "high tech" devices. Other stances into five separate catego times an arrest is the function of ries (or schedules) depending on an observant police officer the nature, addictive properties, coupled with a considerable and medical usefulness of the amount of good luck. In many Report to Utah on Crime and Justice 84 Drug problems in Utah What special problems does Utah have with drugs? Salt Lake City has been called "the crossroads of the west" Drug Use of Individuals Aged 18 and Over: because major east-west and A Comparison of Utah and the United States north-south freeways cross here and because there is a major 70r------~ airline hub. These transportation routes are commonly used to 60 56.2 transport illegal drugs. Utah law enforcement officers annually 50 seize illegal drugs with a street 40 value of many millions of dollars. C OJ ~ , In addition, Utah has many OJ 27.3 unmanned rural air strips that CL 30 1 provide ideal places to fly in 20 I. smuggled drugs. f····· . Overall, Utahns use alcohol and 10 I 6.4 most common illegal drugs at I 'iJ [···.•..•. :1 2.4 1.2 0.5 0 :·~f.·· . rates far lower than the national Alcohol Marijuana Cocaine average. The adjacent graph shows comparison of Utah's rates lou.s.DUtah of use in the last 30 days with U.S. figures represent 1991 data; Utah figures represent 1992 data. those of the United States as a whole for alcohol, marijuana, and Utahns' abuse of some other cocaine. drugs, however, appears more like national trends and in some cases Drug Use of Individuals Aged 18 and Over: even exceeds the national aver A Comparison of Utah and the United States ages. The adjacent graph com 1.2 ,------, pares the rates of use within the last 30 days for sedatives, tran quilizers, stimulants, and halluci 0.92 - nogens. 0.8 Utah also has a number of chemi c: 0.6 ~ 0.6 .--- cal companies that manufacture Q) a.. OA6 and sell precursor chemicals that 0.39 r 0.39 r;:~ 0.36 are used in the manufacture of I " .. ; ~ ·.··OA'-: ... 6 ..'j . . . . j illegal drugs. Until recently the , - - . i . , "'- l i law did not require that records be ·. I .•...•.•., ...... "i U •.... ·1 [ '.' .... ; :',,' kept of those who purchased the r[ ~ :: [I " . I ." .., ! chemicals. Now there should Sedatives Tranquilizers Stimulants Hallucinogens exist a paper trail to discourage ICU.S. DUtah the illegal use of these chemicals U.S. figures represent 1991 data; Utah ligures represenl1992 data. and to provide a means of investi gating abuse. Report fa Utah on Crime and Justice 85 ------ Drug arrests How many drug arrests are Utah Arrests for Drug Sales and Drug Possession reported by Utah law enforce- ment agencies? 1988 - 1991 5 The number of drug arrests in 1.145 Utah over the last four years has ranged between 3,382 in 1990 and 4 4,844 in 1988. The adjacent chart shows the trends and what pOltion en u; 3 was for drug sales and what ~ portion was for drug possession. < '0 en "0 c 2 What happens to offenders who C\J en ::J are arrested for drug law 0 .<:: violations? t- One hundred and eight arrests for violations of controlled substances 0 laws made by the "Salt Lake 1988 1989 1990 1991 Metro Narcotics Task Force" in Year 1989 were tracked. As shown in !II PossessionDSales the chart below, most of the cases I resulted in a conviction. Flow of Drug Abuse Arrests 3 - Witness Problems/4 - Lack of Evidence , 8 25 Dismissed Found Guilty I of Misdemeanor 13 11 Prison I 108 51 Found Guilty - 37 Drug Abuse of Felony Probation and/or Jail Arrests -i I 1 -1 State Hospital I 6 15 Referred to Not Filed Juvenile Court Report to Utah on Crime and Justice 86 Asset seizure The emphasis on the war on drugs has resulted in more drug offenders being sentenced to prison for longer terms. As a result of this, and several other factors, the prison population is growing rapidly. Utah Drug-Related Asset Seizures: 1991 How often are assets seized? Vehicles Both state and federal law encourage government to seize the assets of offenders who are Currency/Financiallnstruments involved in the drug trade. Assets such as homes, busi Real Property 1512.1 nesses, automobiles, and fire arms may be seized if they were used to store or transpOlt, manufacture or otherwise contribute to the drug business, or if they were purchased with Other< drug money. In Utah last year, o ~ ~ ~ ~ 1~1~1~1~1~ over four million dollars in Thousands of Dollars assets were seized as shown in • Includes vessels, aircraft and other assets the adjacent graph. This does not include many millions of dollars worth of illegal drugs that were subsequently de stroyed. Report to Utah on Crime and Justice 87 I The "War on Drugs" What fronts other than criminal local substance abuse authorities Are we winning the war on justice are included in the "War throughout the state. Treatment drugs? on Drugs"? services are provided through these local authority offices. The answer to this question is The war on drugs is generally Some money from fines, as well rather controversial and has been being fought on three fronts: as a cigarette tax, help fund the the topic of heated debate between prevention, treatment, and crimi treatment programs. Private the president and the congress. nal justice. In Utah much of the sector treatment resources are also School and household surveys prevention effort and funding is available through hospitals and throughout the nation and in Utah focused through the education other providers. suggest that generally the use of system. Utah is a leader in street drugs is declining (see substance abuse prevention. The three fronts for the war on graph below). Much of the effort is by the drugs in the state are coordinated Division of Substance Abuse, the through the Utah Substance Abuse It appears that drug use is becom State Office of Education, the Coordinating Council (USACC). ing less popular for the casual user Department of Health, and local This Council has subcommittees or e)ry>erimenter. However, law substance abuse authorities which on Prevention, Criminal Justice enfo:cement officials and others employ a statewide network of and Treatment; and hopes to add a are quick to point out that the substance abuse prevention fourth subcommittee on the problem is becoming more severe specialists. A state developed Judiciary during the 1993 Legisla in the major cities and among cUlTiculum entitled "Prevention tive session. It is staffed through gang members. The amount of Dimensions," programs for youth the Utah Commission on Criminal violence associated with drugs and at risk, and an annual life skills and Juvenile Justice. gangs also appears to be increas conference sponsored by the Utah ing. Federation for Drug Free Youth are only a few examples of Utah's many outstanding prevention Percentage of Utahns Aged 18 and Over Using Drugs Within the Past Month: 1983-1992 efforts. 40r------~ The law enforcement community also contributes to Utah's preven 35 ...- tion efforts through the D.A.R.E. 30 (Drug Abuse Resistance Educa 25 - tion) program. This program C Q) involves police officers teaching ~ 20 Q) drug education in Utah's school D- classrooms as a supplement to 15 Prevention Dimensions and other 10 programs. 5 The public sector treatment effort 0 is coordinated through the Depart 1983 1989 1992 ment of Human Services Division Year of Substance Abuse. Funding I-AlCOhOl -Marijuana -Cocaine I passes through this DivisiOl;\ to 13 Report 10 Utah on Crime and Justice 88 What relationship is there Fortunately, the numbers have the money and resources would be between drug use and crime? been declining, but there is still better used by placing more major cause for concern. In 1990 emphasis on a supportive environ- Of course it is a crime to use, there were 60 people killed in ment and treatment rather than rna _ufacture, sell, or possess alcohol-related accidents. This locking more people up for longer illegal drugs. In addition there is exceeds Utah's homicide rate of periods of time. I another important relationship. approximately 50 per year. ~ Street criminals typically are drug Guidelines are needed to resolve ~ users. Many drug users turn to Emerging Issues conflicts about which agencies or I crime to finance their drug habits. units of government benefit when Recent studies in many major The biggest concern appears to be drug assets are seized. Of course, cities in the United States have the continued expansion of the continuing to imp!'ove on the found that it is not unusual for drug culture and associated cooperation and coordination 75% of those arrested to test violence and gangs. The illegal provided by the multidisciplinary positive for illegal drugs. Drug drug market provides the opportu- task forces remains a very high testing is not routinely done at nity for big money to a group of priority. time of arrest in Utah, but there is people who would otherwise be every reason to belive that drug economically disadvantaged use among Utah criminals is also a because of their lack of education major problem. and job skills. Information from the Utah Another concern relates to the Deptartment of Corrections availability of treatment resources suggests that some 80% of those for those in correctional institu- in prison and a high percentage of tions. Many probation and parole those on probation have docu- agreements include "no alcohol mented substance abuse problems. and drug clauses" and the require- Offenders under correctional ment that the offender submit to supervision are frequently tested random drug testing. The major- to determine if they are currently ity of offenders have substance using drugs. Abstinence is abuse problems. Still there is only typically a condition of probation limited drug treatment available or parole. Those who continue for those under correctional drug use frequently fmd them- supervison. This is a priority of selves back in prison or jail. the Utah Substance Abuse Coordi- nating Council. However, youth and women of childbearing age Driving Under the Influence of who use drugs are higher priori- Alcohol ties. One of the most frequent and There is conflict between those deadly crimes in Utah is driving who would like to see penalties under the influence of alcohol. for substance abuse be more During 1991, nearly 10,000 arrests severe comparable to the federal were made for this offense. penalties, and those who feel that Report to Utah on Crime and Justice 89 I Basic Sources: 1992 Annual Report to the Gover nor and the Legislature. Utah Substance Abuse Coordinating Council, Utah Commission on Criminal and Juvenile Justice. September 1992. Drugs and Crime Facts, 1991. U.S. Department of Justice. Bureau of Justice Statistics. September 1992. Drugs ofAbuse. U.S. Department of Justice. Drug Enforcement Administration. 1989 Edition. Facts: Substance Abuse Informa tionfor Utah and the Nation. Utah State Division of Substance Abuse. 1991. Main Findings: Utah Household Survey on Substance Abuse: 1992. Dan Jones and Associates. 1992. State Drug Resources: 1992 National Directory. U.S. Depart ment of Justice. Bureau of Justice Statistics. May 1992. Utah's 1993 Drug and Violent Crime Enforcement Control Plan. Utah Commission on Criminal and Juvenile Justice. December 1992. Report to Utah on Crime and Justice 90 J a~~...... ~ ...... u...... a ...... Chapter 10 Technology and Innovation ------ Technology and innovation are important to criminal justice. This chapter briefly describes some of the more important advances and addresses such questions as: Why is technology so important to criminal justice? How are video and audio tapes used? How about night vision equipment and concealed micro phones (bugs)? How are drugs identified? Where does this take place? What new technology promises to replace fingerprints? What tools are available to help secure prison perimeters? How is electronic surveillance used to supervise offenders at home and at work? What can a police officer learn from a license plate? What can a dispatcher learn from a "911" phone call? What is AFIS? How-is it helpful? Why is it difficult to share crimi nal justice information? What is NCIC? What can be learned from it? -How much federal grant money is provided to Utah's criminal justice system? What is is used for? Report to Utah on Crime and Justice 91 Criminal justice tools Criminal justice, like the military, Video and audio recordings has done much to allow identifica benefits in many ways from state provide an excellent means of tion through body fluids and of-the-art technology and new documenting facts and presenting recent progress in the study of ideas. In other ways it is very them in a legal setting. They are DNA is starting to provide a bound and limited by tradition and especially effective in undercover means of identification more "turf issues". Some of the tradi work and "sting operations" when accurate than finger prints; one tions, such as judges wearing the suspect is unaware they are that can be utilized by studying a robes, are rooted as far back as the being used. These can be supple single cell from a hair or skin beginnings of recorded history. mented by "night vision" devices under a fingernail. Much of our case law and our so that suspects can be monitored fundamental legal system come unaware, at night. Similarly, Correctional Advances: from centuries old English com "bugs" (small hidden micro mon law and practice. Similarly phones) are becoming very Many of the tools utilized by law our policing system with con sophisticated, as are small radio enforcement also have application stables and sheriffs is an out transmitters that can be used as in corrections. Corrections also growth of our English heritage. tracking devices. Much of this makes use of new electronic Most criminal justice profession technology is used routinely in monitoring devices to increase als' career paths are so tied to a drug investigations. security in prisons. Devices that seniority system that innovation sense heat, movement, and comes painfully slow to criminal An interesting and, in Utah, pressure are being utilized to justice. Almost all judges come controversial technological improve perimeter security. They from the ranks of experienced trial advance, is photo radar. A traffic are especially helpful in foggy lawyers who have become famil control radar gun is connected to a weather and allow for a reduction iar and comfortable with court camera that takes a picture of in the number of staff needed to room tradition. Similarly, senior speeding cars, catching both the secure an institution. ity plays a great role in the promo license plate and the driver. A tion of law enforcement officers copy of the picture showing the Voice recognition is starting to be and correctional staff. However, speed being traveled is then sent utilized in supervising offenders in criminal justice is very progres to the owner of the vehicle along the community. Conditions can sive when it comes to technology. with a citation. Experience in be placed requiring them to be in Utah has resulted in fewer people specific places at specific times Law Enforcement Tools: speeding and fewer accidents, but and these can be monitored by that has been offset by negative telephone voice recognition Law enforcement is so limited by public reation to the way it has equipment. A system used even our constitutional guarantees been used. more often is called electronic regarding illegal search and monitoring. The typical applica seizure, due process, self-incrimi Crime laboratories use very tion consists of the offender nation and the need to prove guilt sophisticated devices and tech wearing a small electronic trans beyond a reasonable doubt that it niques to analyze evidence related mitter with very limited range. If h~s come to rely quite heavily on to crime. Much of the newer the offender gets out of range of spedal technology in fighting technology has been developed to the receiver, it activates a tele crime. Some of the more note assist in the "war on drugs". phone call to a central monitoring worthy technological tools will be Equipment is available to quickly site. In other arrangements, the mentioned. determine the chemical composi central site calls the receiver on tion of most substances. Serology Report to Utah on Crime and Justice 92 I The computerization of the criminal justice system the telephone to ensure that the under correctional supervision. The most recently developed offender is within range of the Some of this information is also major system is AFIS (Automated receiver. Through these mecha available to law enforcement. Fingerprint Identification System). nisms offenders are being super This allows fingerprints to be vised in their own homes At the same time, local law categorized on the computer enforcement agencies started to which then rapidly searches for Computerization actively pursue computerization of matches. This has resulted in their record systems. The largest many crimes being resolved where The computer has certainly agencies developed their own finger-prints were left as evidence. stimulated a great deal of change systems. The mid-size and It has also sped up the process of in criminal justice. The computer, smaller agencies mostly have dealt processing fingerprints. with its tremendous capacity to with private software vendors who rapidly store, process, and retrieve specialize in law enforcement The greatest benefits, as well as information has the capability to software. Now most agencies can the greatest problems associated replace many staff functions. quickly retrieve pertinent informa with automation, come when However, rather than reduce staff, tion regarding the people that they information is shared. At the state the computer has dramatically deal with and their addresses. level, we have attempted to share increased capability (as well as information among law enforce staft) in criminal justice agencies. Now many jurisdictions have ment, prosecution, corrections, Two of the first activities to be "911" telephone systems. When a and the courts, so that we can have automated were the records of call is received, some of the more a criminal history system com motor vehicles and drivers li sophisticated ones display the plete with arrests, declinations, censes in the state. A police telephone number, name, and and dispositions. Currently, the officer could relay a vehicle address of the telephone sub system is only about half complete license plate number to a dis scriber where the call was origi for felonies. It has been difficult patcher who could readily enter it nated. They also show previous for the agencies involved to into a computer and tell the officer law enforcement calls, and may become committed to common who owned the vehicle and what even chart the route for the nearest identifiers, compatible definitions, the driving record was for that police car or emergency vehicle to software, and hardware. This is individual. respond to the call. especially the case since they often represent different branches Not long after, a computerized The state court system also of local and state government. criminal history file was created. automated its record system in the Then the dispatcher could also late 1980's, thus enhancing the Another somewhat similar effort is relay to the officer a record of any capability of local jurisdictions to the statewide warrants system arrests a person might have. handle their records. A major where the courts enter persons that Ideally, that file should also have problem with the court's system is are wanted, and law enforcement the disposition of arrests, but that so much autonomy was given enters arrests that resolve the currently in Utah only about 50% to local jurisdictions that it has warrants. The information flows of the dispositions are being been difficult to consolidate the quite nicely, but another set of entered. information. The courts are problems occurs when one agency currently working on a new arrests a person wanted by another In the early 1980's, substantial system that hopefully will resolve agency. The big question is if the information started being entered these problems. into the computer on individuals Report to Utah on Crime and Justice 93 Federal funding of criminal justice jurisdiction that wants a person is A more recent development is the funds are distributed to Utah willing to pay the costs of trans sharing of criminal history data criminal justice agencies. Federal porting them back. between states. This is called the funds usually are for specific Interstate Identification Index (III purposes and often have strings Other state efforts include the or triple 1). A number of states are attached. consolidation of incidence data now participating. regarding all the crimes that are Anti-Drug Abuse Act reported in the state. Nearly One of the most impressive efforts $350,000 in federal funds are is the Western Identification The majority of the funds ($3.5 being invested in this effort. A Network (WIN) where many of million) come from the Anti-drug central state repository has been the western states have formed a Abuse Act. The main purpose of created for the data. Some law consortium to share a common this funding is to assist criminal enforcement agencies are now system of automated fingerprint justice agencies in dealing with capable of sending data to the identification. There have been drug and violent crime. In Utah repository, with many more soon significant cost savings, but the most of the money is used to to follow. Currently the process is biggest advantage is that many encourage law enforcement in a test mode. criminals are mobile and are agencies and prosecution to form identified from fingerprints in "multi-jurisdictional task forces" The juvenile justice system has another state. to share manpower, specialized some major advantages in terms of equipment, and intelligence information sharing. Since all Although much has been accom information to better address these major arrests are referred to the plished in the automation of problems in a region of the state. state-operated juvenile court, criminal justice records, the real Some of the money also goes to which also handles probation, promises of technology remain to fund treatment programs for there is a common source for this be kept in terms of information offenders. Federal law currently data. The state Division of Youth sharing. Although some steps are mandates that at least 5 % of the Corrections also agreed to share being taken, it is very challenging money be set aside and used to the juvenile court information in an environment where so many improve criminal justice informa system. As a result it is easy to different branches of government tion systems and, particularly, track juveniles from time of arrest are involved and one where computerized criminal history through the court system and any technology is changing so rapidly systems. correctional programs. Such a that compatibility would result in feat is much more difficult in the obsolescence. Victims of Crime Act (VOCA) adult system. Approximately $1.5 million come Some of the most important Federal Funds into Utah from the Victims of sharing takes place between states. Crime Act. All of the VOCA At the federal level the National Much of the innovation in crimi money comes from a surcharge on Crime Information Center (NCIC) nal justice is encouraged by the federal criminal fines. Nearly one has been established. This allows availability of federal grants. million dollars supplements the the sharing of information about Most research as well as model Utah surcharge money that is wanted criminals and stolen program development is spon provided to cover the out-of property, as well as missing sored by the federal government. pocket expenses of victims of persons across the nation. Currently approximately six violent crime. The other half million dollars per year in federal million dollars is passed through Report to Utah on Crime and Justice 94 to some 25 non-profit and govern well as distribute, BJS informa ment agencies to provide direct tion to policymakers in Utah. services to victims of crime. Funds are also currently available Many of these services are tar to "improve Utah's criminal geted to victims of domestic history system". Over a three violence, sexual assault, and child year period, $350,000 has been sexual abuse. available. Similarly, another $350,000 has been made available Juvenile Justice and Delin over three years to establish quency Prevention Act Utah's part of a "National Inci dent Based Crime Reporting Approximately $500,000 is System". Most of this money has awarded to the state from the also been passed through to Office of Juvenile Justice and agencies of state and local govern Delinquency Prevention. The ment. purpose of this funding is to improve the quality of juvenile justice. A major priority has been to get juveniles out of local jails where they would be housed with adult criminals. In Utah this has been accomplished. An emerging priority is to understand and reduce the racial disparity that exists in the criminal justice system. A state Juvenile Justice and Delinquency Prevention Board allocates most of the Utah funds to agencies of state and local government. Bureau of Justice Statistics Funding (BJS) The Department of Justice Bureau of Justice Statistics is responsible for gathering information relevant to criminal justice and disseminate it to policy makers and the public. Approximately $50,000 each year is available to the Utah Commis sion on Criminal and Juvenile Justice to establish a criminal justice information clearinghouse to provide information to BJS, as Report to Utah on Crime and Justice 95 Index Capital felony 44 Clinical treatment 59, 66 expenditure 64 Career development 59, 66 Cocaine 85, 88 functions 42 Case Code ofsiIence 47 information sharing 93 Accusation felony 45 Commission on Criminal and levels 43 copy of charges 42 processing time 44 Juvenile Justice 74 of record 43 Adult courts. See Court Case backlog 44 drug response 88 reorganization 60 Advocacy groups 74 Case management 59 federal funds 95 return of property 21 Age cost 66 Community alternatives 59 staff costs 69 first arrest 27 Caseload 69 cost 66 Court of Appeals 43, 44 cost 69 . Age group 2, 8, 18 juvenile 58 Community Correctional children 2 Central Register for Child Abuse Centers 49 Crime 14 high school seniors 4 and Neglect 75 Community policing 37, 53 defined 8 Community service 58 median age 2 Central state data repository 94 laboratory 84 school age children 2, 56 Chemical composition 92 Compulsory process 42 season of year 14 Aggravated assault 3, 8, 18, 28 Child Abuse and Neglect Computer crime 37 time of day 14 number of 10 Prevention Act 74 Computerization 93 Crime ill the United Alcohol 4, 84, 85, ·88 Child Abuse Registry 80 hardware/software 93 States 18, 36 Alternative education 59, 66 Child development 59 incident data 94 Crime ill Utah 8, 18, 36 Alternatives to incarceration 30 Child sexual abuse 8, 15, 59 Confinement 47 Crime laboratories 92 Ancillary court services 59 cases 40 of juveniles 58 Crime rate 2, 12, 13, 52 Anger 19 federal funds 94 Constables 36 metropolitan areas 12 Annual Report of the Central incidence 74 Construction recreational areas 13 Register for Child investigation 79 cost 71 rural areas 13 Abuse 75 law enforcement 37, 79 Controlled substance 86. See Crime scene Anti-Drug Abuse Act 94 mandatory sentence 74 also Drugs contamination 36 Appeal 43 perpetrator 78, 79 distribution 84 questions 37 rights to 42 adult 80 manufacture 84 Crime Victims' Reparations Appear in person 42 juvenile 80 Controlled Substances Act 84 Board 21 Appellate filings 45 perpetrator age 78 Corporal punishment 47 Criminal Arraignment 42, 45 prior referrals 77 Corrections 47, 53 behavior 24 Asset seizure 87 public agenda 74 classification system 49 caseloads 43 Attorney General 40, 56 reporting 75 expenditure 63, 64 conviction Audio recordings 92 legal obligation 79 food costs 70 child sexual abuse 79 Auto theft 3, 18 studies 75 information sharing 93 expenses 63 Automated Fingerprint Identifica substantiating 79 institutional costs 70 history file 28, 93 tion System 93 task force 74 medical costs 70 jurisdiction 44 Automation. See Computerization victim age 77 personnel 21 juvenile apprehensions 58 female victims 76 philosophy 47 popUlation 25 Child sexual offenders special populations 53 prosecution 42 incarceration of 30 technology 92 Criminal appeal Background checks 68 Child sexual offenses 29 youth expenditure 66 circuit court 44 Bail 21, 40, 42 Child testimony 79 Cost district court 44 fully secured 40 Children 2 incapacitation 47 likelihood 39 not excessive 40 guardians of 21 Counsel 42 Criminal justice system privately secured 40 victims 21 County Attorney System 39 adult 56 Banishment 47 Children's Justice Centers 81 juvenile reS;..Jnse 58 Cri minal record 45 Benefits Chronic offenders 28, 30 County level 34 juvenile 60 police officer 68 juvenile 58 corrections expenditure 64 Beyond a reasonable Cigarette tax 88 jail 35, 48 doubt 39, 40, 42, 92 justice expenditure 63, 65 Circuit Court 43, 69 D.A.R.E .. See Drug Abuse child sexual abuse 79 police expenditure 64 cost 69 Resistance Education BJS. See Bureau of Justice prosecutors 34 judge 34 Death penalty 47. See also Statistics Court 43, 53. See also Circuit jurisdiction 44 Capital felony Board of Pardons 49, 52 Court; Court of Circuit court 44 Debt maintenance 63 Bondsman 40 Appeals; District Cities 34 Decriminalization 15 Bugs 92 Court; Justice justice expenditure 65 marijuana 84 Bureau of Justice Statis Court; Juvenile Civil caseloads 43 traffic offenses 15 tics 8, 95 Court; Supreme Court Civil penalties 15 Defend in person 42 Burglary 3, 8, 18, 28 automated record system 93 Classification system 49 Defendant 21 number of 11 budget 69 Cleared offense 36 rights 42 child sexual abuse 76 consolidation 69 Report to Utah on Crime and Justice 96 Defense 45 DNA 92 drug offenses 84 High school graduation state provision 40 Domestic violence 15, 37 Third Degree 49 rate 5, 26 Deinstitutionalization federal funds 94 Federal Drug Administration 84 Highway Patrol of juveniles 58 Doublejeopardy 42 Federal funds 94 drug offenses 84 Demographic shifts 52 Drivers license Federal government Homicide 8, 15. See also Department of Commerce record keeping 93 asset seizure 87 Murder pharmacy monitoring 84 Driving Under the Influence. See justice expenditure 63 House Bill 209 29, 52 Department of Correc- DUI Federal grants 94 prison population 29 tions 20, 30, 51 Drug Abuse Resistance Educa Federation for Drug Free House Bill 436 69 correctional officers 36 tion 88 Youth 88 Division of Field Operations Drug Enforcement Administra Felony 8, 48 expenditure 71 tion 84 admission rate 50 megal search and seizure 92 drug usage 88 Drug offender capital 44 Imprisonment 49 expenditure 70 treatment 53 cases 43, 44 costs 53 Field Services Staff 45, 49 Drugs 4, 84 convicted 49 Incapacitation 47 inmate cost per day 70, 71 abuse 37 First Degree 44, 49 Incarceration rate 5, 52 Institutional Operations addictive properties 84 information sharing 93 Income level 18 budget 70 arrests 86 juvenile 57 Indentured servitude 47 jail contracts 48 classification 84 parole costs 71 Independent judiciary 42 presentence investigation 35 conviction 86 probation admissions 50 Indeterminate sentences 47, 49 resources 47 culture 89 probation costs 71 Indigent 40 sentencing recommenda- federal funds 94 Second Degree 49 Industrial period 47 tion 35 gang involvement 59 Third Degree 49 Information collection 8 Department of Human Ser illegal 84 Fertili ty rate 2 Information sharing 93 vices 58, 79 investigating abuse 85 Fines 8, 35 juvenile system 60 Department of Justice 95 legitimate 84 for juveniles 58 Information system 51i Department of Public manufacturing 15 remitting 52 Infraction 42 Safety 8, 18 money 87 Finger prints 92 Injury 19 Bureau of Criminal Identifica- over-the-counter 84 First degree felony 44 Inmates 24, 25, 47 tion 8 penalties 84, 89 Flogging 47 age 27 Division of Investigation 84 possession 86 Food costs arrest rates 30 drug offenses 84 precursor chemicals 85 corrections 70 cost per day 70, 71 Narcotics Enforcement random testing 49, 89 Forfeiture 52 mental health care 68 Bureau 84 resulting crime 89 Foster care 59, 66 population 50, 51, 71 Department of Social Ser sales 86 Fraud 29 Innocent until proven guilty 42 vices 80 seizure 85 Instructors Depression 19, 84 smuggling 85 police training 67 Detention beds trafficking 15, 87 Gangs 4, 59 Insufficient evidence 40 number 58 War Against drug involvement 37, 88, 89 Intake worker 58 Detention centers Drugs 15, 87, 88 graffiti 59 Intensive supervision 30, 59 juvenile 58 Due process 15, 92 rivalries 15 Interstate Identification Index 94 Developmental disability 53 DUI 48, 89 violence 15, 37 Investigations 68 Dispatcher 93 Gender technology 92 Disposition child sexual abuse 76 technology 93 Education 26. See Education female 25, 29 District Attorney 39 drug abuse 88, 89 male 25, 29 District Jail 8, 35, 48 juvenile offender 59 Governor 56 Court 35, 43, 44, 45, 69 cost 68 ro, offender 45 Group homes 59, 66 cost 69 cost per day 68 training 30 Guardian ad litem 74 Division of Family Services 74 employee salary 68 Eighth Amendment 40 Guidelines child abuse 75 intermittent sentence 48 Electronic monitor- drug use 89 reporting to 79 juvenile incapacitation 95 ing 30, 49, 92 Guilty plea 34, 39, 42, 45 Division of Field Operations Judicial district 44, 69 Employer intercession 21 child sexual abuse 79, 81 expenditure 71 Judicial process 42 Evidence problems 40 Gunnison 71 Division of Substance Abuse 88 Judiciary Division of Youth Correc- child sexual abuse re- tions 56, 67 sponse 79 budget 66 Family court 60 Hallucinogens 85 costs 69 daily popUlation 58 Fear 19 Hardware 93 expenditure 63 information sharing 94 Federal Bureau of Investiga "hidden crime" 18 impartiality 42 operations 58 tion 8, 18 child sexual abuse 74 Jury impartiaUty 42 Report to Utah on Crime and Justice 97 Justice Court 43 Magistrate 42 Non-residential programs 59 expenditures 63, 64 Justice of the Peace Court 34 Mandatory minimum sen Non-violent crime 28. See also in-service training 37 Juvenile Court 43, 58, 60, 69 tences 29, 74, 79 Property crime infonnation gathering 37 abuse cases 58 Marijuana 84, 88 gender 29 non-law enforcement roles 37 child sexual abuse 79, 81 use 85 number of officers 36 cost 69 Marital status outfitting costs 68 crimes reported 57 married 26 patrol car 36 Observation and Assessment criminal referral 57 single 26 patrols 68 cost 67 dependency 58 Median age 2 pre-service training 37 Observation and assessment 59 infonnation system 56 Medical costs 21 recruits 68 Offender intake worker 58 corrections 70 training 37 dangerousness 21 neglect 58 Mental health care 68 costs 68 popUlation 53 Juvenile Court Act 56 Mentally ill 53 Police agencies 34 Office of Crime Victim Repara Juvenile justice 56 Minorities 15, 25, 59 Policy changes 52 tions 20 infonnation sharing 94 Asian 25 POST. See Peace Officer Office of Juvenile Justice and philosophy 56, 60 Blacks 25 Standards and Training Delinquency Preven Juvenile Justice and Delinquency Hispanics 25 Council tion 95 Prevention Act 95 Native Americans 25 Post-trial 48 Officer training 68 Juvenile Justice and Delinquency racial disparity 95 Pre-trial 48 Overcrowding 30, 48, 50 Prevention Board 95 Misdemeanor 8, 48 release 40 Juvenile sex offenders 59 Class A 71 services 40 Juveniles ClassB 43 Preliminary hearing 43, 44, 45 adult certification 58 Class C 43, 44 Pardon 52 Prescription drugs 4 crime type 57 probation population 51 Parole 49 Presentence investigation 35, 45 high risk 56, 58 Molestation 59 cost 71 Presentence report 58 minority crime 59 Monetary loss 19 drug usage 89 Presiding judge 43 Motor vehicle popUlation 51 "Prevention Dimensions" 88 record keeping 93 Parolees 24, 25 Prison 35, 47 Motor vehicle theft 8. See also age 27 admission 51, 52 Larceny 3, 8, 28 Auto theft arrest rates 30 average length of stay 50, 52 number of 11 Multi-disciplinary task forces 37 recidivism 49 felony population 50 Law enforcement 18, 21, 53 drug offenses 84 supervision 52 labor 47 administrators 36 Multi-jurisdictional task force 53 violating conditions 49 physical facilities 53 child sexual abuse 76 drug use 89 Part 1 Offenses 3, 8, 11, 36 population 47, 52 investigation 80 federal funds 94 Patrol car drug offenders 87 response 79 Multi-use centers cost 68 release 50 consolidation 53 juvenile 58 Peace Officer Standards and Probation 49 drug arrests 86 cost 66 Training conditions for 49 drug investigation 84 Municipal level cost 67 cost 71 drug seizure 85 judicial expenditure 64 self-sponsored program 67 drug use 89 gang response 59 justice expenditure 64, 65 Peace officers 37 jail 48 infonnation sharing 93 police expenditure 64 training 67 juvenile 58 juvenile response 58 Murder 3, 9, 28 peace officers. See Police population 51 officers 40 numberof 9 Peace Officers Standards and sentencing option 35 technology 93 Training Council 37 Probationers 24,25 Legal defenders office 40 Penal colonies 47 age 27 Legal expenditure 63, 64 Penitentiary 47 arrest rates 30 Legal proceedings 21 Narcotics Perpetrator 8 child sexual abuse 81 Levels of government 34 cases 40 Personal property 21 Proctor care 59, 66 Linguistic experts 59 National Crime Infonnation Photo radar 92 Promissory not 40 Listening devices 84 Center 94 Physical abuse 75 Propelty crime 3, 8, 19 Literacy 5 National Crime Victimization Physical evidence 79 offenders 28 training 30 Survey 8, 18 Physical injury 19 Property loss 19 Local government National Incident Based Crime Physical neglect 75 Prosecution 21, 39, 45 infonnation sharing 93 Reporting System 95 Physical torture 47 child sexual justice of the peace 34 NCVS 8. See also National Plea bargain abuse 74, 79, 81 police patrol cost 68 Crime Victimization Survey child sexual abuse 79, 81 county-based system 53 responsibility to victims 21 Night vision 92 Police fclony 34 Night vision equipment 84 cost 68 infonnation sharing 93 No contest 42 dispatcher 36 Protective Services drug enforcement 84 child 74, 79 worker 80 Report to Utah on Crime and Justice 98 Psychological trauma 19 Security personnel 19 Theft 11, 29. See also Larceny drug related !l,8, 89 Public defense Sedatives 85 Threat of force 8 federal funds 94 expenditure 64 Self-incrimination 92 Tobacco 4, 84 gang related 59 Public safety Sentencing 35 Toborg's study 40 gender 29 cost 67 hearing 45 Tracking 59 reporting 18 Punishment Sentencing reconunendation 35 Traffic enforcement Violent offenders conmlUting 52 Serology 92 cost 68 release 30 equity 47 Sex offender Traffic offenses 43, 48 VOCA. See Victims of Crime Act juveniles 59 Tranquilizers 85 Vocational training 59, 66 treatment 53 Treasury Department Voice recognition 92 Sex offenses 52 Bureau of Alcohol, Tobacco Racial disparity 25 Sexual abuse 74 and Firearms 84 Random drug testing 49 reporting 18, 75 Treatment programs 30 Rape 3, 8, 9, 15, 18 War on Drugs 87, 88, 92 Sexual assault 15, 28 drug users 88, 89 numberof 9 Weapons 15 federal funds 94 sexual offenders 81 Rearrest 40. See also Recidi- Welfare Department 56 Shelter beds 66 youth 67 vism Western Identification Net- Sheriff office 34 Trial 35 Recidivism 30, 53 work 94 drug enforcement 84 Trial placements 59 Reformatory Period 47 White collar crime 37, 40 Sixth Amendment 40 Register of Reported Child Abuse Whites 25 Software 93 Cases 79 Wildlife officers 36 Specialization 37 Rehabilitation 47 U.S. Attorney's Offices 84 Witnesses 21 Speedy disposition 21, 42 juvenile 56 UCR 8. See also Uniform attendance 42 Speedy trial 45 Reimbursement 20 Crime Reports child 21 State govemment Release on Own Recogni- Undercover work 92 confronting 42 asset sei2:ure 87 zance 40, 48 Unifomt Crime Report (UCR) 3, prosecution problems 40 correctio.ns expenditure 64 Reparations 21 8, 18 information sharing 93 Reported crime 3, 12, 18 University of Utah Survey judical :lxpenditure 64 Blacks 18 Research Center R justice nxpenditures 63, 65 Young offenders 27 Females 18 Utah Constitution 21 police flxpcnditure 64 at risk 88 Homeowners 18 Utah Department of Human responllibility to victims 21 number treated 59 renters 18 Services 67 State Mental Hospital 81 Youth Corrections. See Division Whites 18 Utah Highway Patrol 36 State Offi.ce of Education 88 of Youth Corrections Residential programs 59 Utah Substance Abuse Coordinat State pop,ulation 50 child sexual abuse 81 Restitu- ing Council 87,88 State Superintendent of Public expenditure 66 tion 19, 20, 21, 30, 35, 47 Instruction 56 Youth crime 28 for juveniles 58 Statewide warrants system 93 Right to representation 40 rate 56 Stimul~,nts 85 Verdict 42 Robbery 3, 8, 18, 28 Sting operations 92 Victim 8, IS, 18, 20 number of 10 Stolen property 18 becoming offenders 75 ROR. See Release on Own Street drugs 88 child 21, 74 Recognizance Stress 19 relative reporting 76 Subsl;ance abuse 45. See also impact of crime on 30 Drugs; Narcotics likelihood 18 Salary prevention 88 losses 45 jail officer 68 Supreme Court 43, 44 needs of 47 police officer 68 'cost 69 reporting 81 Salt Lake City 12 juvenile court administra response by law enforce drug offenses 85 tion 56 ment 36 police cost 68 Surcharge 20 right to be informed 21 Salt Lake County Victim Reparations Fund 20 child sexual abuse 79 Victim/witness unit jail 68 child abuse 74 Technology 92 operation costs 68 Victimless crime 84 law enforcement 53 Salt Lake Metro Narcotics Task Victim's Bill of Rights 21 Telephone systems Force 86 constitutional amendment 21 911 93 School age children 2 Victims of Crime Act 94 Territorial jurisdiction 43 Secure beds 59, 66 Video recording 84 Testifing 42 Secure Facilities Video recordings 92 compelled 42 cost 67 Violent crime 3, 8, 15, 19, 20 Testing juvenile 59 categories 28 peace officer 68 cost 66 Secure waiting area 21 Security devices 19 Report to Utah on Crime and Justice 99 BULK RATE UTAH COMMISSION U.S. POSTAGE ON CRIMINAL AND JUVENILE JUSTICE PAID Salt Lake City. Utah 101 Utah State Ca.. : ' l' Permit No. 4621 Salt Lake City, Utah 84ii4 (801) 538·1031 "I ''''''''''OF TIt -__ .,1 ~,,!:,"''''''''''''''''''''''_~ ~_~ "