63M-10-202 - Establishment of local oversight committees -- Interagency information sharing. - Utah Statutes

63M-10-202. Establishment of local oversight committees -- Interagencyinformation sharing.
(1) The Commission on Criminal and Juvenile Justice shall administer the statewideSHOCAP oversight committee and provide periodic review of the programs.
(2) Counties or municipalities implementing SHOCAP shall form a local oversightcommittee composed of the following persons, or their designees:
(a) the district juvenile court administrator;
(b) the superintendent of the local school district;
(c) the local county attorney;
(d) a member of the local county or municipal legislative body;
(e) the local county sheriff;
(f) a local chief of police;
(g) the local chief of probation for the Juvenile Court;
(h) the regional director of the Division of Juvenile Justice Services;
(i) the regional director of the Division of Child and Family Services;
(j) a representative of a local public mental health provider; and
(k) any additional members considered appropriate by the local oversight committee.
(3) The local oversight committee shall develop, implement, and periodically review thefollowing:
(a) standardized criteria as developed by the statewide SHOCAP oversight committee fordetermining who is a serious habitual offender (SHO);
(b) what information is needed on each offender for inclusion in the program;
(c) who will have access to the database;
(d) who will maintain the database and manage the information in the program;
(e) what the information in the database is to be used for; and
(f) penalties for improper use of the information in the database.
(4) The local oversight committee shall develop a written interagency informationsharing agreement to be signed by the chief executive officer of each of the agencies representedon the oversight committee. The sharing agreement shall include the provisions requiring that:
(a) all records pertaining to a SHO be kept confidential;
(b) when a SHO is included in the SHOCAP program for the purposes of tracking andproviding coordinated services, the local law enforcement agency or an agency designated by theinteragency agreement shall as soon as reasonably possible notify the SHO and the parent orguardian of the SHO;
(c) the disclosure of information to other staff members of signatory agencies be madeonly to those staff members who provide direct services or supervision to the SHO; and
(d) all staff members of signatory agencies receiving confidential information concerninga SHO be subject to the confidentiality requirements of this chapter.
(5) Notwithstanding any other statutory provision, staff members of signatory agencieswho provide direct services or supervision to SHOCAP youth may distribute photographs ofSHOCAP youth to other staff members of signatory agencies who provide direct services orsupervision to SHOCAP youth.
(6) The local oversight committee shall develop a program capable of maintaining theinformation determined to be necessary under Subsection (3).

Renumbered and Amended by Chapter 382, 2008 General Session