HB 345 — Victim Amendments

(Buff) H.B.

345 02-17 15:21 by the office.

(37)(a)(37) - 6 - HB0345 compared with HB0345S01 (a) "Reparations officer" means an individual employed by the office to investigate a claimant's request for reparations and award reparations under this part.

(39)(a)(39) (a) "Representative" means the victim, immediate family member, legal guardian, attorney, conservator, executor, or an heir of an individual.

(41)(a)(41) (a) "Restitution record" means a record documenting payments made to, or on behalf of, a claimant by the office that the office relies on to support a restitution request made in accordance with Section 77-38b-205.

(45)(a)(45) (a) "Sexual assault" means any criminal conduct described in Title 76, Chapter 5, Part 4, Sexual Offenses.

- 7 - HB0345 compared with HB0345S01 (b) "Sexual assault" does not include criminal conduct described in:

-(ii) 6Section -76-5-418, 02-17sexual 15:21battery; 1st Sub.

(Buff) H.B.

345 (ii) Section 76-5-418, sexual battery;

(49)(a)(49) (a) "Victim" means an individual who suffers bodily or psychological injury or death as a direct result of:

63M-7-50963M-7-509. .

- 8 - HB0345 compared with HB0345S01 (1) A victim is eligible for a reparations award under this part if:

-(ii) 7a -dependent 1stof Sub.a deceased victim of criminally injurious conduct;

(Buff) H.B.

345 02-17 15:21 (ii) a dependent of a deceased victim of criminally injurious conduct;

(b)(i)(b) (i) the criminally injurious conduct occurred in Utah;

(3)(a)(3) (a) Notwithstanding the requirements of Subsections (1)(d) and (e), a victim of sexual assault is not required to report the sexual assault to a law enforcement officer or another federal or state investigative agency or cooperate with the appropriate law enforcement agencies and prosecuting attorneys to be eligible for a reparations award under this section if:

(b) Notwithstanding the requirement of Subsection (1)(e), a victim who has suffered strangulation in the course of interpersonal violence is not required to cooperate with the appropriate law enforcement - 9 - HB0345 compared with HB0345S01 agencies and prosecuting attorneys to be eligible for a reparations award under this section if the victim:

or -(ii) 8seeks -medical 02-17care 15:21for 1stthe Sub.strangulation immediately after the strangulation occurs.

(Buff) H.B.

345 (ii) seeks medical care for the strangulation immediately after the strangulation occurs.

63M-7-51063M-7-510. .

(2)(a)(2) - 10 - HB0345 compared with HB0345S01 (a) An individual may not knowingly:

-(i) 9a -class 1stB Sub.misdemeanor if:

(Buff) H.B.

345 02-17 15:21 (i) a class B misdemeanor if:

(4)(a)(4) (a) A claimant who is not eligible to receive a reparations award under Subsection (1) but receives a reparations award shall reimburse the fund for the amount of the reparations award.

{Section 4.

Section 64-13-47 is amended to read:

} 64-13-47.

Prison Sexual Assault Prevention Program.

[(1) The department shall, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, make rules establishing policies and procedures regarding sexual assaults that occur in correctional facilities.] (1) The department shall, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, make rules described in Subsection (2) and any other additional rules necessary to bring the department into compliance with the National Standards to Prevent, Detect, and Respond to Prison Rape, 28 C.F.R.

Part 115, promulgated by the United States Department of Justice in accordance with 32 U.S.C.

Sec.

30301 et seq.

(2) The rules described in Subsection (1) shall:

- 11 - HB0345 compared with HB0345S01 (a) require education and training, including:

(i) providing to inmates, at intake and periodically, department-approved, easy-to-understand information developed by the department on sexual assault prevention, treatment, reporting, and counseling in consultation with community groups with expertise in sexual assault prevention, treatment, reporting, and counseling;

and (ii) providing sexual-assault-specific training to department mental health professionals and all employees who have direct contact with inmates regarding treatment and methods of prevention and investigation;

(b) require reporting of sexual assault, including:

(i) ensuring the confidentiality of inmate sexual assault complaints and the protection of inmates who make complaints of sexual assault;

and (ii) prohibiting retaliation and disincentives for reporting sexual assault;

(c) require safety and care for victims, including:

(i) providing, in situations in which there is reason to believe that a sexual assault has occurred, reasonable and appropriate measures to ensure the victim's safety by separating the victim from the assailant, if known;

(ii) providing acute trauma care for sexual assault victims, including treatment of injuries, HIV prophylaxis measures, and testing for sexually transmitted infections;

(iii) providing confidential mental health counseling for victims of sexual assault, including access to outside community groups or victim advocates that have expertise in sexual assault counseling, and enable confidential communication between inmates and those organizations and advocates;

and (iv) monitoring victims of sexual assault for suicidal impulses, post-traumatic stress disorder, depression, and other mental health consequences resulting from the sexual assault;

(d) require investigations and staff discipline, including:

(i) requiring all employees to report any knowledge, suspicion, or information regarding an incident of sexual assault to the executive director or designee, and require disciplinary action for employees who fail to report as required;

(ii) requiring investigations described in Subsection (3);

(iii) requiring corrections investigators to submit all completed sexual assault allegations to the executive director or the executive director's designee, who must then submit any substantiated - 12 - HB0345 compared with HB0345S01 findings that may constitute a crime under state law to the district attorney with jurisdiction over the facility in which the alleged sexual assault occurred;

and (iv) requiring employees to be subject to disciplinary sanctions up to and including termination for violating agency sexual assault policies, with termination the presumptive disciplinary sanction for employees who have engaged in sexual assault, consistent with constitutional due process protections and state personnel laws and rules;

and (e) require data collection and reporting, including as provided in Subsection (4).

(3) (a) An investigator trained in the investigation of sex crimes shall conduct the investigation of a sexual assault involving an inmate.

(b) The investigation shall include:

(i) using a forensic rape kit, if appropriate;

(ii) questioning suspects and witnesses;

and (iii) gathering and preserving relevant evidence.

(4) The department shall:

(a) collect and report data regarding all allegations of sexual assault from each correctional facility in accordance with the federal Prison Rape Elimination Act of 2003, Pub.

L.

108-79, as amended;

and (b) annually report the data described in Subsection (4)(a) to the Law Enforcement and Criminal Justice Interim Committee.

Effective date.

2-3-26 3:08 PM - 1013 -