reglab/housing_qa huggingface dataset:
UT Code § 76-3-208 (2021)
2021 Utah Code|Title 76 - Utah Criminal Code|Chapter 3 - Punishments|Part 2 - Sentencing|Section 208 - Imprisonment -- Custodial authorities.

 Effective 7/1/2021  76-3-208. Imprisonment -- Custodial authorities.    (1) Persons sentenced to imprisonment shall be committed to the following custodial authorities:   (a) felony commitments shall be to the Utah State Prison;     (b)   (i) notwithstanding Section 76-3-204, class A misdemeanor commitments shall be to the jail, or other facility designated by the town, city, or county where the defendant was convicted, unless the defendant is also serving a felony commitment at the Utah State Prison at the commencement of the class A misdemeanor conviction, in which case, the class A misdemeanor commitment shall be to the Utah State Prison for an indeterminate term not to exceed one year with a credit for one day; and     (ii) the court may not order the imprisonment of a defendant to the Utah State Prison for a fixed term or other term that is inconsistent with this section and Section 77-18-111; and       (c) all other misdemeanor commitments shall be to the jail or other facility designated by the town, city or county where the defendant was convicted.       (2) A custodial authority may place a prisoner in a facility other than the one to which the prisoner was committed when:   (a) the custodial authority does not have space to accommodate the prisoner; or     (b) the security of the institution or prisoner requires the prisoner to be placed in a facility other than the one to which the prisoner was committed.      Amended by Chapter 260, 2021 General Session
UT Code § 76-3-301 (2021)
2021 Utah Code|Title 76 - Utah Criminal Code|Chapter 3 - Punishments|Part 3 - Fines and Special Sanctions|Section 301 - Fines of individuals.

 Effective 7/1/2019  76-3-301. Fines of individuals.    (1) An individual convicted of an offense may be sentenced to pay a fine, not exceeding:   (a) $10,000 for a felony conviction of the first degree or second degree;     (b) $5,000 for a felony conviction of the third degree;     (c) $2,500 for a class A misdemeanor conviction;     (d) $1,000 for a class B misdemeanor conviction;     (e) $750 for a class C misdemeanor conviction or infraction conviction; and     (f) any greater amounts specifically authorized by statute.       (2)   (a) An individual convicted of a misdemeanor or infraction and sentenced to pay a fine may not be charged by a court:   (i) notwithstanding Section 15-1-4, interest on the judgment that in the aggregate is more than 25% of the initial fine; or     (ii) that issues an order to show cause under Section 78B-6-317 for failure to pay the fine, interest that is more than 25% of the initial fine.       (b) An individual convicted of an infraction and sentenced to pay a fine may not be charged:   (i) by the Office of State Debt Collection, late fees and interest that in the aggregate are more than 25% of the initial fine; or     (ii) by a third-party debt contractor of the Office of State Debt Collection, additional fees.         (3) Subsection (2) does not apply to a case that includes:   (a) victim restitution; or     (b) a felony conviction, even if that felony conviction is later reduced.       (4) This section does not apply to a corporation, association, partnership, government, or governmental instrumentality.    Amended by Chapter 291, 2019 General Session
UT Code § 76-3-301.5 (2021)
2021 Utah Code|Title 76 - Utah Criminal Code|Chapter 3 - Punishments|Part 3 - Fines and Special Sanctions|Section 301.5 - Uniform fine schedule -- Judicial Council.

 Effective 7/1/2021  76-3-301.5. Uniform fine schedule -- Judicial Council.    (1) The Judicial Council shall establish a uniform recommended fine schedule for each offense under Subsection 76-3-301(1).   (a) The fine for each offense shall proportionally reflect the seriousness of the offense and other factors as determined in writing by the Judicial Council.     (b) The schedule shall be reviewed annually by the Judicial Council.     (c) The fines shall be collected as part of a criminal accounts receivable, as defined in Section 77-32b-102, that is established under Section 77-32b-103.       (2) The schedule shall incorporate:   (a) criteria for determining aggravating and mitigating circumstances; and     (b) guidelines for enhancement or reduction of the fine, based on aggravating or mitigating circumstances.       (3) Presentence investigation reports shall include documentation of aggravating and mitigating circumstances as determined under the criteria, and a recommended fine under the schedule.     (4) The Judicial Council shall also establish a separate uniform recommended fine schedule for the juvenile court and by rule provide for its implementation.     (5) This section does not prohibit the court from in its discretion imposing no fine, or a fine in any amount up to and including the maximum fine, for the offense.    Amended by Chapter 260, 2021 General Session
UT Code § 76-3-301.7 (2021)
2021 Utah Code|Title 76 - Utah Criminal Code|Chapter 3 - Punishments|Part 3 - Fines and Special Sanctions|Section 301.7 - Compensatory service.

 Effective 5/8/2018  76-3-301.7. Compensatory service.    (1) As used in this section, "compensatory service" means service or unpaid work performed by a person, in lieu of the payment of a criminal fine, for:   (a) a state or local government agency;     (b) an entity that is approved as a nonprofit organization under Section 501(c) of the Internal Revenue Code; or     (c) any other entity or organization if prior approval is obtained from the court.       (2) When a defendant is sentenced to pay a fine for an infraction, class C or class B misdemeanor, the court shall consider allowing the defendant to complete compensatory service in lieu of the payment of the fine or account receivable, exclusive of any victim restitution imposed.     (3) A defendant who intends to forfeit bail or who is ordered to pay a fine by the court for an infraction, class C or class B misdemeanor, shall be informed by the court of the opportunity to perform compensatory service in lieu of the fine or bail amount.     (4) The court shall credit timely completed compensatory service reported in accordance with Subsection (5) against the fine or bail amount at the rate of $10 per hour and shall allow the defendant a reasonable amount of time to complete the service.     (5)   (a) The court shall provide the defendant with instructions that inform the organization:   (i) about the requirements in Subsection (5)(b); and     (ii) that making a written false statement to the court about the defendant's compensatory service is punishable as a class B misdemeanor pursuant to Section 76-8-504.       (b) The defendant shall report compensatory service hours to the court in a letter that:   (i) is on the organization's official letterhead and includes contact information for the organization's representative;     (ii) specifies the number of hours for which the defendant provided service;     (iii) contains a brief description of what the service involved; and     (iv) is signed by an authorized representative of the organization; or     (v) is in a form otherwise acceptable to the court.         (6) The court may refuse to accept compensatory service:   (a) completed prior to the date of sentencing;     (b) that has been submitted to another court for credit; or     (c) completed at an agency or organization or is a type of service that is specifically prohibited by the court.      Enacted by Chapter 214, 2018 General Session
UT Code § 76-3-302 (2021)
2021 Utah Code|Title 76 - Utah Criminal Code|Chapter 3 - Punishments|Part 3 - Fines and Special Sanctions|Section 302 - Fines of corporations, associations, partnerships, or government instrumentalities.

76-3-302. Fines of corporations, associations, partnerships, or government instrumentalities.  A corporation, association, partnership, or governmental instrumentality shall pay a fine for an offense defined in this code for which no special corporate fine is specified. The fine shall not exceed:  (1) $20,000 for a felony conviction;     (2) $10,000 for a class A misdemeanor conviction;     (3) $5,000 for a class B misdemeanor conviction; and     (4) $1,000 for a class C misdemeanor conviction or for an infraction conviction.    Amended by Chapter 291, 1995 General Session
UT Code § 76-3-303 (2021)
2021 Utah Code|Title 76 - Utah Criminal Code|Chapter 3 - Punishments|Part 3 - Fines and Special Sanctions|Section 303 - Additional sanctions against corporation or association -- Advertising of conviction -- Disqualification of officer.

76-3-303. Additional sanctions against corporation or association -- Advertising of conviction -- Disqualification of officer.    (1) When a corporation or association is convicted of an offense, the court may, in addition to or in lieu of imposing other authorized sanctions, require the corporation or association to give appropriate publicity of the conviction by notice to the class or classes of persons or section of the public interested in or affected by the conviction, by advertising in designated areas, or by designated media or otherwise.     (2) When an executive or high managerial officer of a corporation or association is convicted of an offense committed in furtherance of the affairs of the corporation or association, the court may include in the sentence an order disqualifying him from exercising similar functions in the same or other corporations or associations for a period of not exceeding five years if it finds the scope or willfulness of his illegal actions make it dangerous or inadvisable for such functions to be entrusted to him.    Enacted by Chapter 196, 1973 General Session
UT Code § 76-3-403 (2021)
2021 Utah Code|Title 76 - Utah Criminal Code|Chapter 3 - Punishments|Part 4 - Limitations and Special Provisions on Sentences|Section 403 - Credit for good behavior against jail sentence for misdemeanors and certain felonies.

76-3-403. Credit for good behavior against jail sentence for misdemeanors and certain felonies.  In any commitment for incarceration in a county jail or detention facility, other than the Utah State Prison, the custodial authority may in its discretion and upon good behavior of the inmate allow up to 10 days credit against the sentence to be served for every 30 days served or up to two days credit for every 10 days served when the period to be served is less than 30 days if:  (1) the incarceration is for a misdemeanor offense, and the sentencing judge has not entered an order to the contrary; or     (2) the incarceration is part of a probation agreement for a felony offense, and the sentencing district judge has not entered an order to the contrary.    Amended by Chapter 91, 1998 General Session
UT Code § 76-3-403.5 (2021)
2021 Utah Code|Title 76 - Utah Criminal Code|Chapter 3 - Punishments|Part 4 - Limitations and Special Provisions on Sentences|Section 403.5 - Work or school release from county jail or facility -- Conditions.

76-3-403.5. Work or school release from county jail or facility -- Conditions.  When an inmate is incarcerated in a county jail or in a detention facility, the custodial authority may, in accordance with the release policy of the facility, allow the inmate to work outside of the jail or facility as part of a jail or facility supervised work detail, to seek or work at employment, or to attend an educational institution, if the inmate's incarceration:   (1) is not for an offense for which release is prohibited under state law; and     (2)   (a) is for a misdemeanor offense, and the sentencing judge has not entered an order prohibiting release under this section; or     (b) is part of a probation agreement for a felony offense, and the sentencing district judge has not entered an order prohibiting release under this section.      Amended by Chapter 148, 2007 General Session
UT Code § 76-3-405 (2021)
2021 Utah Code|Title 76 - Utah Criminal Code|Chapter 3 - Punishments|Part 4 - Limitations and Special Provisions on Sentences|Section 405 - Limitation on sentence where conviction or prior sentence set aside.

76-3-405. Limitation on sentence where conviction or prior sentence set aside.    (1) Where a conviction or sentence has been set aside on direct review or on collateral attack, the court shall not impose a new sentence for the same offense or for a different offense based on the same conduct which is more severe than the prior sentence less the portion of the prior sentence previously satisfied.     (2) This section does not apply when:   (a) the increased sentence is based on facts which were not known to the court at the time of the original sentence, and the court affirmatively places on the record the facts which provide the basis for the increased sentence; or     (b) a defendant enters into a plea agreement with the prosecution and later successfully moves to invalidate his conviction, in which case the defendant and the prosecution stand in the same position as though the plea bargain, conviction, and sentence had never occurred.      Amended by Chapter 291, 1997 General Session
UT Code § 76-3-406 (2021)
2021 Utah Code|Title 76 - Utah Criminal Code|Chapter 3 - Punishments|Part 4 - Limitations and Special Provisions on Sentences|Section 406 - Crimes for which probation, suspension of sentence, lower category of offense, or hospitalization may not be granted.

 Effective 9/1/2021  76-3-406. Crimes for which probation, suspension of sentence, lower category of offense, or hospitalization may not be granted.    (1) Notwithstanding Sections 76-3-201 and 77-18-105 and Title 77, Chapter 16a, Commitment and Treatment of Persons with a Mental Illness, except as provided in Section 76-5-406.5, probation may not be granted, the execution or imposition of sentence may not be suspended, the court may not enter a judgment for a lower category of offense, and hospitalization may not be ordered, the effect of which would in any way shorten the prison sentence for an individual who commits a capital felony or a first degree felony involving:   (a) Section 76-5-202, aggravated murder;     (b) Section 76-5-203, murder;     (c) Section 76-5-301.1, child kidnaping;     (d) Section 76-5-302, aggravated kidnaping;     (e) Section 76-5-402, rape, if the individual is sentenced under Subsection 76-5-402(3)(b), (3)(c), or (4);     (f) Section 76-5-402.1, rape of a child;     (g) Section 76-5-402.2, object rape, if the individual is sentenced under Subsection 76-5-402.2(1)(b), (1)(c), or (2);     (h) Section 76-5-402.3, object rape of a child;     (i) Section 76-5-403, forcible sodomy, if the individual is sentenced under Subsection 76-5-403(3)(b), (3)(c), or (4);     (j) Section 76-5-403.1, sodomy on a child;     (k) Section 76-5-404, forcible sexual abuse, if the individual is sentenced under Subsection 76-5-404(2)(b) or (3);     (l) Subsections 76-5-404.1(4) and (5), aggravated sexual abuse of a child;     (m) Section 76-5-405, aggravated sexual assault; or     (n) any attempt to commit a felony listed in Subsection (1)(f), (h), or (j).       (2) Except for an offense before the district court in accordance with Section 80-6-502 or 80-6-504, the provisions of this section do not apply if the sentencing court finds that the defendant:   (a) was under 18 years old at the time of the offense; and     (b) could have been adjudicated in the juvenile court but for the delayed reporting or delayed filing of the information.      Amended by Chapter 260, 2021 General SessionAmended by Chapter 262, 2021 General Session
UT Code § 76-3-406.5 (2021)
2021 Utah Code|Title 76 - Utah Criminal Code|Chapter 3 - Punishments|Part 4 - Limitations and Special Provisions on Sentences|Section 406.5 - Aggravating factors in imprisonment for certain criminal homicide cases.

76-3-406.5. Aggravating factors in imprisonment for certain criminal homicide cases.    (1) As used in this section:   (a) "Cohabitant" has the same definition as in Section 78B-7-102.     (b) "Position of trust" includes the position of a spouse, parent, or cohabitant.       (2) It is an aggravating factor that the person occupied a position of trust in relation to the victim.     (3) The Board of Pardons and Parole shall consider the aggravating factor in Subsection (2) in determining the length of imprisonment for a person convicted of:   (a) aggravated murder under Section 76-5-202;     (b) murder under Section 76-5-203; or     (c) manslaughter under Section 76-5-205.       (4) The sentencing court shall consider the aggravating factor in Subsection (2) in sentencing a person convicted of manslaughter under Section 76-5-205.    Amended by Chapter 3, 2008 General Session
UT Code § 76-3-407 (2021)
2021 Utah Code|Title 76 - Utah Criminal Code|Chapter 3 - Punishments|Part 4 - Limitations and Special Provisions on Sentences|Section 407 - Repeat and habitual sex offenders -- Additional prison term for prior felony convictions.

76-3-407. Repeat and habitual sex offenders -- Additional prison term for prior felony convictions.    (1) As used in this section:   (a) "Prior sexual offense" means:   (i) a felony offense described in Title 76, Chapter 5, Part 4, Sexual Offenses;     (ii) sexual exploitation of a minor, Section 76-5b-201;     (iii) a felony offense of enticing a minor over the Internet, Section 76-4-401;     (iv) a felony attempt to commit an offense described in Subsections (1)(a)(i) through (iii); or     (v) an offense in another state, territory, or district of the United States that, if committed in Utah, would constitute an offense described in Subsections (1)(a)(i) through (iv).       (b) "Sexual offense" means:   (i) an offense that is a felony of the second or third degree, or an attempted offense, which attempt is a felony of the second or third degree, described in Title 76, Chapter 5, Part 4, Sexual Offenses;     (ii) sexual exploitation of a minor, Section 76-5b-201;     (iii) a felony offense of enticing a minor over the Internet, Section 76-4-401;     (iv) a felony attempt to commit an offense described in Subsection (1)(b)(ii) or (iii); or     (v) an offense in another state, territory, or district of the United States that, if committed in Utah, would constitute an offense described in Subsections (1)(b)(i) through (iv).         (2) Notwithstanding any other provision of law, the maximum penalty for a sexual offense is increased by five years for each conviction of the defendant for a prior sexual offense that arose from a separate criminal episode, if the trier of fact finds that:   (a) the defendant was convicted of a prior sexual offense; and     (b) the defendant was convicted of the prior sexual offense described in Subsection (2)(a) before the defendant was convicted of the sexual offense for which the defendant is being sentenced.       (3) The increased maximum term described in Subsection (2) shall be in addition to, and consecutive to, any other prison term served by the defendant.    Amended by Chapter 320, 2011 General Session
UT Code § 76-3-409 (2021)
2021 Utah Code|Title 76 - Utah Criminal Code|Chapter 3 - Punishments|Part 4 - Limitations and Special Provisions on Sentences|Section 409 - Child abuse or sex offense against child -- Treatment of offender or victim -- Payment of costs.

76-3-409. Child abuse or sex offense against child -- Treatment of offender or victim -- Payment of costs.    (1) Any person convicted in the district court of child abuse, or a sexual offense if the victim is under 18 years of age, may be ordered to participate in treatment or therapy under the supervision of the adult probation and parole section of the Department of Corrections, in cooperation with the division of children, youth, and families until the court is satisfied that such treatment or therapy has been successful or that no further benefit to the convicted offender would result if such treatment or therapy were continued. The court may also order treatment of the victim if it believes the same would be beneficial under the circumstances. Nothing in this section shall preclude the court from imposing any additional sentence as provided by law.     (2) The convicted offender shall be ordered to pay, to the extent that he or she is able, the costs of his or her treatment, together with treatment costs incurred by the victim and any administrative costs incurred by the appropriate state agency in the supervision of such treatment. If the convicted offender is unable to pay all or part of the costs of treatment, the court may order the appropriate state agency to pay such costs to the extent funding is provided by the Legislature for such purpose and shall order the convicted offender to perform public service work as compensation for the cost of treatment.    Amended by Chapter 212, 1985 General Session
UT Code § 76-4-101 (2021)
2021 Utah Code|Title 76 - Utah Criminal Code|Chapter 4 - Inchoate Offenses|Part 1 - Attempt|Section 101 - Attempt -- Elements of offense.

76-4-101. Attempt -- Elements of offense.    (1) For purposes of this part, a person is guilty of an attempt to commit a crime if he:   (a) engages in conduct constituting a substantial step toward commission of the crime; and     (b)   (i) intends to commit the crime; or     (ii) when causing a particular result is an element of the crime, he acts with an awareness that his conduct is reasonably certain to cause that result.         (2) For purposes of this part, conduct constitutes a substantial step if it strongly corroborates the actor's mental state as defined in Subsection (1)(b).     (3) A defense to the offense of attempt does not arise:   (a) because the offense attempted was actually committed; or     (b) due to factual or legal impossibility if the offense could have been committed if the attendant circumstances had been as the actor believed them to be.      Amended by Chapter 154, 2004 General Session