Creation -- Members -- Appointment -- Qualifications.

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  • (1) There is created a state commission to be known as the Sentencing Commission composed of 28 members. The commission shall develop by-laws and rules in compliance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and elect its officers.
  • (2) The commission's members shall be:
    • (a) two members of the House of Representatives, appointed by the speaker of the House and not of the same political party;
    • (b) two members of the Senate, appointed by the president of the Senate and not of the same political party;
    • (c) the executive director of the Department of Corrections or a designee appointed by the executive director;
    • (d) the director of the Division of Juvenile Justice Services or a designee appointed by the director;
    • (e) the executive director of the Commission on Criminal and Juvenile Justice or a designee appointed by the executive director;
    • (f) the chair of the Board of Pardons and Parole or a designee appointed by the chair;
    • (g) the chair of the Youth Parole Authority or a designee appointed by the chair;
    • (h) two trial judges and an appellate judge appointed by the chair of the Judicial Council;
    • (i) two juvenile court judges designated by the chair of the Judicial Council;
    • (j) an attorney in private practice who is a member of the Utah State Bar, experienced in criminal defense, and appointed by the Utah Bar Commission;
    • (k) an attorney who is a member of the Utah State Bar, experienced in the defense of minors in juvenile court, and appointed by the Utah Bar Commission;
    • (l) the director of Salt Lake Legal Defenders or a designee appointed by the director;
    • (m) the attorney general or a designee appointed by the attorney general;
    • (n) a criminal prosecutor appointed by the Statewide Association of Public Attorneys;
    • (o) a juvenile court prosecutor appointed by the Statewide Association of Public Attorneys;
    • (p) a representative of the Utah Sheriff's Association appointed by the governor;
    • (q) a chief of police appointed by the governor;
    • (r) a licensed professional appointed by the governor who assists in the rehabilitation of adult offenders;
    • (s) a licensed professional appointed by the governor who assists in the rehabilitation of juvenile offenders;
    • (t) two members from the public appointed by the governor who exhibit sensitivity to the concerns of victims of crime and the ethnic composition of the population;
    • (u) one member from the public at large appointed by the governor; and
    • (v) a representative of an organization that specializes in civil rights or civil liberties on behalf of incarcerated individuals appointed by the governor.




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