H.B. 345 Victim Amendments: transcript

Thank you, Mr. Chair. I am going to turn my time over to Marlis and she'll introduce herself.

Marice Jones. I'm the Director of the Victim Services Commission. Um, this bill has come out of a meeting think tank process that our commission went through. Um, it's come from advocates out working with survivors of crime too specific. These are very narrow gaps that were identified and we appreciate so much Representative Romero, uh, trying to address these. Both of these are related only to compensation from the Utah Office of Victims of Crime. So they're very narrow. The first one has to do with sexual assault survivors. If a sexual assault occurs in the prison system is reported in the prison system, the prison system has funds, and they do provide services and support for those survivors. If a sexual assault assault occurs in the prison system and the person that was assaulted, the victim does not report until outside, which could occur for a number of security and safety reasons, once they're outside of the prison system, there is no money to provide that support for them. If they are assaulted outside of the prison system and reported outside, there is money for them. So there's this very narrow gap of overlap where if you are assaulted in the prison and then leave the prison, there is no money to assist in your mental health, in your, um, services that you would need to recover from that assault. That is the first thing that the bill does. The second thing that the bill does has to do with hit and runs in instances where there is death and an unidentified suspect. So we have processes where if the person that that commits the hit and run is identified by police and goes through the prosecution, um, they're, they are eligible for, uh, compensation through the Utah Office of Victims of Crime. If they're not identified, you still have a victim who was hit, who was injured, um, but by statute it was, we're thinking just overlooked that. Um, it just was something that didn't happen in this state and maybe some other states. But there are a number of states that have corrected that, and we would like to correct that as well, so that if they are hit and suffer, um, and I think we've limited it to death, if, if they are hit and killed, there may be compensation that EOVC can approve for them. Now, keep in mind, for both of these, if there's insurance, if there's health insurance, if there's car insurance, if there's any insurance, there's an eligibility process that OVC goes through and they will go through that. So all of those box will be checked before this payout will occur. We expect that these individuals, the number of these claims will be very minimal, very, very minimal. There is no fiscal note on it as a result of that. Um, because it, it will be absorbed. But we also expect that if these crimes do occur, it has lifelong impacts and that they should be eligible as, as everyone else to what compensation they might fairly be eligible for. And We're speaking to substitute one of the, um, bill, I forgot to mention that at the beginning. And that concludes my presentation. And we're open for questions.

I move that we, is there amendment? Is this h this HB 89, right? We have to move this Or is this Substitute? We have to move the substitute first. Three 40. Okay, there we go. Wrong one. Um, I move that we adopt the first substitute of HB 3 45.

I waive. Okay.

I, I move that we pass out HB 3 45 victim amendments first substitute with a favorable recommendation.

So this bill does two things. It allows people after incarceration to access mental health services. So if they were incarcerated and they were sexually assaulted and they didn't wanna get seek at help at that time after their, after they've been incarcerated, they can seek those services. The other, um, thing that this bill covers is allows compensation to be offered to a victim when a death, uh, has occurred as a result of a hit and run and the person who committed the crime is not identified. And those are the two things the bill does. Thank you very much. Thanks for your, um, being succinct.

Marice Jones, director of the Victim Services Commission. We identified this through our committee meetings as an area. Both are very narrow niches, which is why there's no fiscal note. UOVC can cover the expenses, but very narrow areas where there is a gap in providing services for victims. And so we very much appreciate Representative Romero for running this bill.

I'm just curious. Yeah, it's great. There's no fiscal amount. You're, you're finding the Manti, I mean, what, what would, what would, give me an example. How would that work? I mean, how much money is there? What, what would you even

Do? So we actually got some statistics from DPS of, and specifically in the hit and run circumstances, um, of when that would apply and if there were very, very low numbers and they do have flexibility in their funding that's already allocated for those crimes. It was just this one area where, um, the suspects weren't identified. And so there would be availability. And then the other, with respect to the sexual assault, these are areas when someone is incarcerated, but they don't report until after, um, they are back out in society. And again, we pay for services for, or they pay for services for folks outside in society when they need it. And so the money was already there. It'll just be allocated in these small numbers where it's applicable.

I move. We pass out with a favorable recommendation. First substitute house bill 3 45 to the full body of the Senate.

Thanks Mr. Speaker Pro tem. This, um, bill does two things. So it allows people who after incarceration to get access to mental health services through the Utah Office of Victim of Crimes. So somebody's been a victim of sexual assault in, in when they've been incarcerated. They may not be comfortable enough to get the treatment or the services. So what this bill allows them to do is after they're incarcerated to get those services. And then this bill also allows compensation to be offered, um, to victims when death occurs as a result of a hit and run and they haven't been able to identify who caused the accident. And this would also come through the Utah Office of Victims of Crime.