reglab/housing_qa huggingface dataset:
UT Code § 77-19-6 (2021)
2021 Utah Code|Title 77 - Utah Code of Criminal Procedure|Chapter 19 - The Execution|Part 1 - Judgment Provisions|Section 6 - Judgment of death -- Warrant -- Delivery of warrant -- Determination of execution time.

77-19-6. Judgment of death -- Warrant -- Delivery of warrant -- Determination of execution time.    (1)   (a) When judgment of death is rendered, a warrant, signed by the judge and attested by the clerk under the seal of the court, shall be drawn and delivered to the sheriff of the county where the conviction is had.     (b) The sheriff shall deliver the warrant and a certified copy of the judgment to the executive director of the Department of Corrections or the executive director's designee at the time of delivering the defendant to the custody of the Department of Corrections.       (2) The warrant shall state the conviction, the judgment, the method of execution, and the appointed day the judgment is to be executed, which may not be fewer than 30 days nor more than 60 days from the date of issuance of the warrant, and may not be a Sunday, Monday, or a legal holiday, as defined in Section 63G-1-301.     (3) The Department of Corrections shall determine the hour, within the appointed day, at which the judgment is to be executed.    Amended by Chapter 382, 2008 General Session
UT Code § 77-19-7 (2021)
2021 Utah Code|Title 77 - Utah Code of Criminal Procedure|Chapter 19 - The Execution|Part 1 - Judgment Provisions|Section 7 - Judgment of death -- Statement to Board of Pardons and Parole.

77-19-7. Judgment of death -- Statement to Board of Pardons and Parole.  The judge of a court where a judgment of death was had shall, immediately after the conviction, transmit to the chair of the Board of Pardons and Parole a statement of the conviction and judgment and a summary of the evidence given at trial.  Amended by Chapter 13, 1994 General Session
UT Code § 77-19-8 (2021)
2021 Utah Code|Title 77 - Utah Code of Criminal Procedure|Chapter 19 - The Execution|Part 1 - Judgment Provisions|Section 8 - Judgment of death, when suspended, and by whom.

77-19-8. Judgment of death, when suspended, and by whom.    (1) Except as stated in Subsection (2), a judge, tribunal, or officer, other than the governor or the Board of Pardons and Parole, may not stay or suspend the execution of a judgment of death.     (2)   (a) A court of competent jurisdiction shall issue a temporary stay of judgment of death when:   (i) the judgment is appealed;     (ii) the judgment is automatically reviewed;     (iii) the person sentenced to death files a first petition for postconviction relief after the direct appeal under Title 78B, Chapter 9, Postconviction Remedies Act;     (iv) the person sentenced to death requests counsel under Subsection 78B-9-202(2)(a) to represent the person in a first action for postconviction relief under Title 78B, Chapter 9, Postconviction Remedies Act; or     (v) counsel enters an appearance to represent the person sentenced to death in a first action for postconviction relief under Title 78B, Chapter 9, Postconviction Remedies Act.       (b) A court may not issue a temporary stay of judgment of death when the person sentenced to death files a petition for postconviction relief under Title 78B, Chapter 9, Postconviction Remedies Act, after a first petition has been denied or dismissed, unless the court first finds all of the following:   (i) the claims would not be barred under Section 78B-9-106;     (ii) the claims are potentially meritorious; and     (iii) the petition may not be reasonably disposed of before the execution date.       (c)   (i) The executive director of the Department of Corrections or a designee under Section 77-19-202 may temporarily suspend the execution if the person sentenced to death appears to be incompetent or pregnant.     (ii) A temporary suspension under Subsection (2)(c)(i) shall end if the person is determined to be:   (A) competent;     (B) not pregnant; or     (C) no longer incompetent or pregnant.           (3)   (a) The court must vacate a stay issued pursuant to Subsection (2)(a) when the appeal, automatic review, or action under Title 78B, Chapter 9, Postconviction Remedies Act is concluded.     (b) A request for counsel under Section 78B-9-202 does not constitute an application for postconviction or other collateral review and does not toll the statute of limitations under Section 78B-9-107.      Amended by Chapter 165, 2011 General Session
UT Code § 77-19-9 (2021)
2021 Utah Code|Title 77 - Utah Code of Criminal Procedure|Chapter 19 - The Execution|Part 1 - Judgment Provisions|Section 9 - Judgment of death not executed -- Order for execution.

77-19-9. Judgment of death not executed -- Order for execution.    (1) If for any reason a judgment of death has not been executed and remains in force, the court where the conviction was had, on application of the prosecuting attorney, shall order the defendant to be brought before it or, if the defendant is at large, issue a warrant for the defendant's apprehension.     (2) When the defendant is brought before the court, it shall inquire into the facts and, if no legal reason exists against the execution of judgment, the court shall make an order requiring the executive director of the Department of Corrections or the executive director's designee to ensure that the judgment is executed on a specified day, which may not be fewer than 30 nor more than 60 days after the court's order, and may not be a Sunday, Monday, or a legal holiday, as defined in Section 63G-1-301. The court shall also draw and have delivered another warrant under Section 77-19-6.     (3) The Department of Corrections shall determine the hour, within the appointed day, at which the judgment is to be executed.    Amended by Chapter 382, 2008 General Session
UT Code § 77-19-10 (2021)
2021 Utah Code|Title 77 - Utah Code of Criminal Procedure|Chapter 19 - The Execution|Part 1 - Judgment Provisions|Section 10 - Judgment of death -- Location and procedures for execution.

 Effective 7/1/2021  77-19-10. Judgment of death -- Location and procedures for execution.    (1) The executive director of the Department of Corrections or a designee shall ensure that the method of judgment of death specified in the warrant or as required under Section 77-18-113 is carried out at a secure correctional facility operated by the department and at an hour determined by the department on the date specified in the warrant.     (2) When the judgment of death is to be carried out by lethal intravenous injection, the executive director of the department or a designee shall select two or more persons trained in accordance with accepted medical practices to administer intravenous injections, who shall each administer a continuous intravenous injection, one of which shall be of a lethal quantity of:   (a) sodium thiopental; or     (b) other equally or more effective substance sufficient to cause death.       (3) If the judgment of death is to be carried out by firing squad under Subsection 77-18-113(2), (3), or (4) the executive director of the department or a designee shall select a five-person firing squad of peace officers.     (4) Compensation for persons administering intravenous injections and for members of a firing squad under Subsection 77-18-113(2), (3), or (4) shall be in an amount determined by the director of the Division of Finance.     (5) Death under this section shall be certified by a physician.     (6) The department shall adopt and enforce rules governing procedures for the execution of judgments of death.    Amended by Chapter 260, 2021 General Session
UT Code § 77-19-12 (2021)
2021 Utah Code|Title 77 - Utah Code of Criminal Procedure|Chapter 19 - The Execution|Part 1 - Judgment Provisions|Section 12 - Return upon death warrant.

77-19-12. Return upon death warrant.  After the execution, the executive director of the Department of Corrections or his designee shall make a return upon the death warrant, showing the time, place, and manner in which it was executed.  Amended by Chapter 190, 1988 General Session
UT Code § 77-19-201 (2021)
2021 Utah Code|Title 77 - Utah Code of Criminal Procedure|Chapter 19 - The Execution|Part 2 - Competency for Execution|Section 201 - Definition.

77-19-201. Definition.  As used in this part, "incompetent to be executed" means that, due to mental condition, an inmate is unaware of either the punishment he is about to suffer or why he is to suffer it.  Amended by Chapter 71, 2005 General Session
UT Code § 77-19-202 (2021)
2021 Utah Code|Title 77 - Utah Code of Criminal Procedure|Chapter 19 - The Execution|Part 2 - Competency for Execution|Section 202 - Incompetency or pregnancy of person sentenced to death -- Procedures.

77-19-202. Incompetency or pregnancy of person sentenced to death -- Procedures.    (1) If, after judgment of death, the executive director of the Department of Corrections has good reason to believe that an inmate sentenced to death is pregnant, or has good reason to believe that an inmate's competency to be executed under this chapter should be addressed by a court, the executive director of the Department of Corrections or the executive director's designee shall immediately give written notice to the court in which the judgment of death was rendered, to the prosecuting attorney, and counsel for the inmate. The judgment shall be stayed pending further order of the court.     (2)   (a) On receipt of the notice under Subsection (1) of good reason for the court to address an inmate's competency to be executed, the court shall order that the mental condition of the inmate shall be examined under the provisions of Section 77-19-204.     (b) If the inmate is found incompetent, the court shall immediately transmit a certificate of the findings to the Board of Pardons and Parole and continue the stay of execution pending further order of the court.     (c) If the inmate is subsequently found competent at any time, the judge shall immediately transmit a certificate of the findings to the Board of Pardons and Parole, and shall draw and have delivered another warrant under Section 77-19-6, together with a copy of the certificate of the findings. The warrant shall state an appointed day on which the judgment is to be executed, which may not be fewer than 30 nor more than 60 days from the date of the drawing of the warrant, and which may not be a Sunday, Monday, or a legal holiday, as defined in Section 63G-1-301.       (3)   (a) If the court finds the inmate is pregnant, it shall immediately transmit a certificate of the finding to the Board of Pardons and Parole and to the executive director of the Department of Corrections or the executive director's designee, and the court shall issue an order staying the execution of the judgment of death during the pregnancy.     (b) When the court determines the inmate is no longer pregnant, it shall immediately transmit a certificate of the finding to the Board of Pardons and Parole and draw and have delivered another warrant under Section 77-19-6, with a copy of the certificate of the finding. The warrant shall state an appointed day on which the judgment is to be executed, which may not be fewer than 30 nor more than 60 days from the date of the drawing of the warrant, and which may not be a Sunday, Monday, or a legal holiday, as defined in Section 63G-1-301.       (4) The Department of Corrections shall determine the hour, within the appointed day, at which the judgment is to be executed.    Amended by Chapter 382, 2008 General Session
UT Code § 77-19-203 (2021)
2021 Utah Code|Title 77 - Utah Code of Criminal Procedure|Chapter 19 - The Execution|Part 2 - Competency for Execution|Section 203 - Petition for inquiry as to competency to be executed -- Filing -- Contents -- Successive petitions.

77-19-203. Petition for inquiry as to competency to be executed -- Filing -- Contents -- Successive petitions.    (1) If an inmate who has been sentenced to death is or becomes incompetent to be executed, a petition under Subsection (2) may be filed in the district court of the county where the inmate is confined.     (2) The petition shall:   (a) contain a certificate stating that it is filed in good faith and on reasonable grounds to believe the inmate is incompetent to be executed; and     (b) contain a specific recital of the facts, observations, and conversations with the inmate that form the basis for the petition.       (3) The petition may be based upon knowledge or information and belief and may be filed by the inmate alleged to be incompetent, legal counsel for the inmate, or by an attorney representing the state.     (4) Before ruling on a petition filed by an inmate or his counsel alleging that the inmate is incompetent to be executed, the court shall give the state and the Department of Corrections an opportunity to respond to the allegations of incompetency.     (5) If a petition is filed after an inmate has previously been found competent under either this chapter or under Title 77, Chapter 15, Inquiry into Sanity of Defendant, no further hearing on competency may be granted unless the successive petition:   (a) alleges with specificity a substantial change of circumstances subsequent to the previous determination of competency; and     (b) is sufficient to raise a significant question about the inmate's competency to be executed.      Enacted by Chapter 137, 2004 General Session
UT Code § 77-19-206 (2021)
2021 Utah Code|Title 77 - Utah Code of Criminal Procedure|Chapter 19 - The Execution|Part 2 - Competency for Execution|Section 206 - Expenses -- Allocation.

77-19-206. Expenses -- Allocation.  The Department of Human Services and the Department of Corrections shall each pay 1/2 of the costs of any examination of the inmate conducted pursuant to Sections 77-19-204 and 77-19-205 to determine if an inmate is competent to be executed.  Enacted by Chapter 137, 2004 General Session
UT Code § 77-20-101 (2021)
2021 Utah Code|Title 77 - Utah Code of Criminal Procedure|Chapter 20 - Bail|Part 1 - General Provisions|Section 101 - Title.

 Effective 11/16/2021  77-20-101. Title.  This chapter is known as "Bail." Enacted by Chapter 4, 2021 Special Session 2
UT Code § 77-20-203 (2021)
2021 Utah Code|Title 77 - Utah Code of Criminal Procedure|Chapter 20 - Bail|Part 2 - Preconviction Bail|Section 203 - Sheriff and bail commissioner authority to release an individual from jail on own recognizance.

 Effective 11/16/2021  77-20-203. Sheriff and bail commissioner authority to release an individual from jail on own recognizance.    (1) As used in this section:   (a) "Qualifying offense" means the same as that term is defined in Section 78B-7-801.     (b) "Violent felony" means the same as that term is defined in Subsection 76-3-203.5(1)(c)(i).       (2) A county sheriff or a bail commissioner may release an individual from a jail facility on the individual's own recognizance if:   (a) the individual was arrested without a warrant;     (b) the individual was not arrested for:   (i) a violent felony;     (ii) a qualifying offense;     (iii) the offense of driving under the influence or driving with a measurable controlled substance in the body if the offense results in death or serious bodily injury to an individual; or     (iv) an offense described in Subsection 76-9-101(4);       (c) law enforcement has not submitted a probable cause statement to a court or magistrate;     (d) the individual agrees in writing to appear for any future criminal proceedings related to the arrest; and     (e) the individual qualifies for release under the written policy described in Subsection (3) for the county.       (3)   (a) A county sheriff shall create and approve a written policy for the county that governs the release of an individual on the individual's own recognizance.     (b) The written policy shall describe the criteria an individual shall meet to be released on the individual's own recognizance.     (c) A county sheriff may include in the written policy the criteria for release relating to:   (i) criminal history;     (ii) prior instances of failing to appear for a mandatory court appearance;     (iii) current employment;     (iv) residency;     (v) ties to the community;     (vi) an offense for which the individual was arrested;     (vii) any potential criminal charges that have not yet been filed;     (viii) the individual's health condition;     (ix) any potential risks to a victim, a witness, or the public; and     (x) any other similar factor a sheriff determines is relevant.         (4) Nothing in this section prohibits a court and a county from entering into an agreement regarding release.    Renumbered and Amended by Chapter 4, 2021 Special Session 2
UT Code § 77-20-206 (2021)
2021 Utah Code|Title 77 - Utah Code of Criminal Procedure|Chapter 20 - Bail|Part 2 - Preconviction Bail|Section 206 - Motion for pretrial detention -- Pretrial detention hearing.

 Effective 11/16/2021  77-20-206. Motion for pretrial detention -- Pretrial detention hearing.    (1)   (a) If the criminal charges filed against an individual include one or more offenses eligible for detention under Subsection 77-20-201(1) or Utah Constitution, Article I, Section 8, the prosecuting attorney may make a motion for pretrial detention.     (b) Upon receiving a motion for pretrial detention under Subsection (1)(a), the judge shall set a pretrial detention hearing in accordance with Subsection (2).       (2) If a pretrial status order is not issued at an individual's first appearance and the individual remains detained, a pretrial detention hearing shall be held at the next available court hearing that is:   (a) no sooner than seven days from the day on which the defendant was arrested; and     (b) no later than fourteen days from the day on which the defendant was arrested.       (3)   (a) An individual, who is the subject of a pretrial detention hearing, has the right to be represented by counsel at the pretrial detention hearing.     (b) If a judge finds the individual is indigent under Section 78B-22-202, the judge shall appoint counsel to represent the individual in accordance with Section 78B-22-203.       (4) At the pretrial detention hearing:   (a) the judge shall give both parties the opportunity to make arguments and to present relevant evidence or information;     (b) the prosecuting attorney and the defendant have a right to subpoena witnesses to testify; and     (c) the judge shall issue a pretrial status order in accordance with Subsection (5) and Section 77-20-205.       (5) After hearing evidence on a motion for pretrial detention, and based on the totality of the circumstances, a judge may order detention if:   (a) the individual is accused of committing an offense that qualifies for detention of the individual under Subsection 77-20-201(1) or Utah Constitution, Article I, Section 8; and     (b) the prosecuting attorney demonstrates substantial evidence to support the charge, and meets all additional evidentiary burdens required under Subsection 77-20-201(1) or Utah Constitution, Article I, Section 8.       (6) An alleged victim has the right to be heard at a pretrial detention hearing on a motion for pretrial detention.     (7) If a defendant seeks to subpoena an alleged victim who did not willingly testify at the pretrial detention hearing, a defendant may issue a subpoena, at the conclusion of the pretrial detention hearing, compelling the alleged victim to testify at a subsequent hearing only if the judge finds that the testimony sought by the subpoena:   (a) is material to the substantial evidence or clear and convincing evidence determinations described in Section 77-20-201 in light of all information presented to the court; and     (b) would not unnecessarily intrude on the rights of the victim or place an undue burden on the victim.      Enacted by Chapter 4, 2021 Special Session 2
UT Code § 77-20-207 (2021)
2021 Utah Code|Title 77 - Utah Code of Criminal Procedure|Chapter 20 - Bail|Part 2 - Preconviction Bail|Section 207 - Modification of pretrial status order.

 Effective 11/16/2021  77-20-207. Modification of pretrial status order.    (1) A motion to modify a pretrial status order may be made:   (a) by a party at any time after a pretrial status order is issued; and     (b) only upon a showing that there has been a material change in circumstances.       (2)   (a) If a party makes a motion to modify the pretrial status order, the party shall provide notice to the opposing party sufficient to permit the opposing party to prepare for a hearing and to permit each alleged victim to be notified and be present.     (b) A hearing on a motion to modify a pretrial status order may be held in conjunction with a preliminary hearing or any other pretrial hearing.       (3) In ruling upon a motion to modify a pretrial status order, the judge may:   (a) rely on information as provided in Subsection 77-20-205(7);     (b) base the judge's ruling on evidence provided at the hearing so long as each party is provided an opportunity to present additional evidence or information relevant to pretrial release; and     (c) modify the pretrial status order, including the conditions of release, upon a finding that there has been a material change in circumstances.      Enacted by Chapter 4, 2021 Special Session 2
UT Code § 77-20-208 (2021)
2021 Utah Code|Title 77 - Utah Code of Criminal Procedure|Chapter 20 - Bail|Part 2 - Preconviction Bail|Section 208 - Release from conditions when charges not filed in specified time period.

 Effective 11/16/2021  77-20-208. Release from conditions when charges not filed in specified time period.    (1) If a prosecuting attorney does not file an information, indictment, or a request to extend time under Subsection (2), within 120 days after the day on which a bail commissioner released the individual on a financial condition under Section 77-20-203 or within 120 days after the day on which a temporary pretrial status order was issued for the individual:   (a) the individual shall be relieved from any condition of pretrial release;     (b) the court shall refund any monetary bail in accordance with Subsection 77-20-402(5); and     (c) if a bail bond was used to post monetary bail, the bail bond shall be exonerated without further order of the court.       (2) A request to extend time shall:   (a) be served on:   (i) the individual and the individual's attorney; and     (ii) if a bail bond was used to post monetary bail, the surety; and       (b) except as provided in Subsection (3), be granted for a period of up to 60 days.       (3) The magistrate may grant a request to extend time for a period of up to 120 days upon a showing of good cause.     (4) Nothing in this section prohibits the filing of charges against an individual at any time.    Enacted by Chapter 4, 2021 Special Session 2
UT Code § 77-20-301 (2021)
2021 Utah Code|Title 77 - Utah Code of Criminal Procedure|Chapter 20 - Bail|Part 3 - Postconviction Bail|Section 301 - Grounds for detaining or releasing defendant on conviction and prior to sentence.

 Effective 11/16/2021  77-20-301. Grounds for detaining or releasing defendant on conviction and prior to sentence.    (1) Upon conviction, by plea or trial, the court shall order that the convicted defendant who is waiting imposition or execution of sentence be detained, unless the court finds, by clear and convincing evidence, presented by the defendant that the defendant:   (a) is not likely to flee the jurisdiction of the court if released; and     (b) will not pose a danger to the physical, psychological, or financial and economic safety or well-being of any other person or the community if released.       (2) If the court finds the defendant does not need to be detained, the court shall order the release of the defendant on suitable conditions, including conditions of release described in Subsection 77-20-205(4).    Renumbered and Amended by Chapter 4, 2021 Special Session 2