reglab/statecodes huggingface dataset:
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 28b - Interjurisdictional Transfer of Prisoners › Section 3 - Eligibility criteria for international transfer.

77-28b-3.
Eligibility criteria for international transfer.
An offender must meet the following criteria before he may be considered for an international transfer:
(1) the offender is a citizen of the receiving country;
(2) the offender consents to transfer to his country of citizenship;
(3) the offense committed by the offender constitutes a criminal offense under the laws of the receiving state;
(4) the offender does not have fewer than 12 months remaining on his sentence at the time of the application for transfer;
(5) the offender is not under a sentence of death;
(6) the offender does not have collateral attacks or appeals on either the sentence or conviction pending;
(7) all other provisions of the imposed sentence such as fines, restitution, and penalties are paid in full;
(8) there are no detainers, wanted notices based on criminal convictions, indictments, informations, complaints, or parole or probation violation allegations pending against the offender; and
(9) the offender meets all of the eligibility requirements of the treaty with his country.
Enacted by Chapter 324, 1990 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 28b - Interjurisdictional Transfer of Prisoners › Section 4 - Role of the classification officer.

77-28b-4.
Role of the classification officer.
(1) The classification officer of each correctional institution shall be provided with the eligibility requirements of each prisoner transfer treaty.
(2) The classification officer shall forward Form I, Transfer Inquiry, to all offenders identified as having national or citizenship status in a party nation.
(3) Upon receipt of Form I, Transfer Inquiry, the offender may indicate he is:
(a) interested in pursuing a transfer by signing Form I and returning it to the classification officer along with proof of citizenship; or
(b) not interested in pursuing a transfer by returning Form I to the classification officer without proof of citizenship.
(4) If the offender indicates on Form I, Transfer Inquiry, that he is interested in pursuing a transfer, the institution classification officer shall complete Form II, Inmate Information Provided to Treaty Nation, and Form III, Notice Regarding International Prisoner Transfer.
(5) The following forms, provided by the federal government, shall be completed and forwarded in triplicate by the classification officer to the superintendent of the institution:
(a) Form I, Transfer Inquiry;
(b) Form II, Inmate Information Provided to Treaty Nation;
(c) Form III, Notice Regarding International Prisoner Transfer;
(d) proof of citizenship;
(e) statement of offender's eligibility;
(f) presentence report;
(g) classification assessment;
(h) current psychological and medical reports;
(i) signed release of confidential information forms;
(j) criminal history sheet; and
(k) judgments of conviction or certification to be tried as an adult.
Enacted by Chapter 324, 1990 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 28b - Interjurisdictional Transfer of Prisoners › Section 5 - Role of institution warden.

77-28b-5.
Role of institution warden.
The warden shall sign Form III, Notice Regarding International Prisoner Transfer, and forward the application and the material required in Section 77-28b-4 in triplicate to the Department of Corrections Inmate Placement Program Bureau.
Enacted by Chapter 324, 1990 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 28b - Interjurisdictional Transfer of Prisoners › Section 6 - Role of Inmate Placement Program Bureau.

77-28b-6.
Role of Inmate Placement Program Bureau.
(1) The Department of Corrections Inmate Placement Program Bureau shall:
(a) investigate the request to ensure that all eligibility requirements are met;
(b) request a records check to verify records listed in Section 77-28b-3;
(c) review application and materials for completeness and compliance with treaty terms;
(d) develop and recommend assurances, where indicated; and
(e) provide written notification of the transfer request to the following entities and receive objections or other comments for 15 business days after sending the notification:
(i) attorney general;
(ii) prosecuting law enforcement agency;
(iii) prosecutor; and
(iv) sentencing court.
(2) If the Inmate Placement Program Bureau investigation determines that the application and materials are incomplete or do not comply with the terms of the treaty, the application shall be rejected and returned to the institution in which the inmate is incarcerated.
(3) If the investigation of the bureau determines the application and materials are complete and in compliance with the terms of the treaty, the application and materials shall be forwarded to the director of the Department of Corrections.
Enacted by Chapter 324, 1990 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 28b - Interjurisdictional Transfer of Prisoners › Section 7 - Role of director.

77-28b-7.
Role of director.
(1) The director of the Department of Corrections shall review the application and materials. Upon his approval the application and materials shall be forwarded to the governor for authorization to transfer.
(2) Applications that are not approved by the director shall be returned to the sending institution and the inmate shall be notified.
Enacted by Chapter 324, 1990 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 28b - Interjurisdictional Transfer of Prisoners › Section 8 - Referral to the United States Department of Justice, Office of International Affairs.

77-28b-8.
Referral to the United States Department of Justice, Office of International Affairs.
(1) Upon receipt of the governor's authorization for international transfer, the application and materials shall be forwarded to the United States Department of Justice, Office of International Affairs, by the Inmate Placement Program Bureau.
(2) The bureau shall notify the inmate and the warden of the sending institution of the decision of the application for international transfer.
(3) All arrangements regarding the treaty process and proposed assurances shall be negotiated between the bureau and the United States Department of Justice, Office of International Affairs.
Enacted by Chapter 324, 1990 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 28b - Interjurisdictional Transfer of Prisoners › Section 9 - Transfer of offender.

77-28b-9.
Transfer of offender.
(1) If the inmate is accepted for international transfer by the United States Department of Justice, Office of International Affairs, the offender shall be transported by the Department of Corrections to the federal district court for a verification hearing to ensure the offender consents to the international transfer.
(2) The Department of Corrections shall then relinquish jurisdiction over the offender to the United States Department of Justice.
Enacted by Chapter 324, 1990 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 28c - Interstate Compact for Adult Offender Supervision › Part 1 - Purpose and Functions › Section 102 - Preamble.

77-28c-102.
Preamble.
PREAMBLE
Whereas: The Interstate Compact for the supervision of Parolees and Probationers was established in 1937, it is the earliest corrections "compact" established among the states and has not been amended since its adoption over 62 years ago;
Whereas: This compact is the only vehicle for the controlled movement of adult parolees and probationers across state lines, and it currently has jurisdiction over more than a quarter of a million offenders;
Whereas: The complexities of the compact have become more difficult to administer, and many jurisdictions have expanded supervision expectations to include currently unregulated practices such as victim input, victim notification requirements, and sex offender registration;
Whereas: After hearings, national surveys, and a detailed study by a task force appointed by the National Institute of Corrections, the overwhelming recommendation has been to amend the document to bring about an effective management capacity that addresses public safety concerns and offender accountability;
Whereas: Upon the adoption of this Interstate Compact for Adult Offender Supervision, it is the intention of the legislature to repeal the previous Interstate Compact for the Supervision of Parolees and Probationers on the effective date of this Compact.
Enacted by Chapter 45, 2001 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 28c - Interstate Compact for Adult Offender Supervision › Part 1 - Purpose and Functions › Section 104 - Definitions -- Compact transfer application fee.

77-28c-104.
Definitions -- Compact transfer application fee.
(1) As used in this section:
(a) "Department" means the Department of Corrections.
(b) "Offender" has the same meaning as provided in Section 77-28c-103, Article II(a)(9).
(2)
(a) Offenders desiring a transfer of supervision to another state under the Interstate Compact for Adult Offender Supervision shall apply to the department for transfer.
(b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the department shall make rules governing the transfer of supervision of an offender.
(3) The department shall collect a fee of $50 from each offender applying for transfer of supervision to another state under the Interstate Compact for Adult Offender Supervision.
Amended by Chapter 382, 2008 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 28c - Interstate Compact for Adult Offender Supervision › Part 1 - Purpose and Functions › Section 105 - Compact for Adult Offender Supervision Restricted Account.

77-28c-105.
Compact for Adult Offender Supervision Restricted Account.
(1) There is created within the General Fund, a restricted account known as the Interstate Compact for Adult Offender Supervision Restricted Account.
(2) Money in the account shall consist of the compact application fee collected by the department for a transfer of supervision under the provisions of Subsection 77-28c-104(3).
(3) Upon appropriation by the Legislature, money in the account shall be used:
(a) to cover costs incurred in the collection of the fee; and
(b) for the administration of the Interstate Compact for Adult Offender Supervision, including the payment of the annual assessment levied under Subsection 77-28c-103, Article X(b).
Enacted by Chapter 239, 2004 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 28c - Interstate Compact for Adult Offender Supervision › Part 2 - Authority of the Governor to Enter Into Compact › Section 201 - Authority of governor to join compact.

77-28c-201.
Authority of governor to join compact.
The governor of Utah is authorized and directed to execute a compact on behalf of this state with any other state or states joining the Interstate Compact for Adult Offender Supervision as provided in Section 77-28c-103.
Enacted by Chapter 45, 2001 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 29 - Disposition of Detainers Against Prisoners › Section 3 - Chapter inapplicable to incompetent persons.

77-29-3.
Chapter inapplicable to incompetent persons.
The provisions of this chapter shall not apply to any person while adjudged to be incompetent to proceed under Chapter 15, Inquiry into Sanity of Defendant.
Enacted by Chapter 15, 1980 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 29 - Disposition of Detainers Against Prisoners › Section 6 - Interstate agreement -- "Appropriate court" defined.

77-29-6.
Interstate agreement -- "Appropriate court" defined.
The phrase "appropriate court" as used in the agreement on detainers shall, with reference to the courts of this state, mean any court with criminal jurisdiction in the matter involved.
Enacted by Chapter 15, 1980 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 29 - Disposition of Detainers Against Prisoners › Section 7 - Interstate agreement -- Duty of state agencies and political subdivisions to cooperate.

77-29-7.
Interstate agreement -- Duty of state agencies and political subdivisions to cooperate.
All courts, departments, agencies, officers and employees of this state and its political subdivisions are hereby directed to enforce the agreement on detainers and to cooperate with one another and with other party states in enforcing the agreement and effectuating its purpose.
Enacted by Chapter 15, 1980 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 29 - Disposition of Detainers Against Prisoners › Section 8 - Interstate agreement -- Application of habitual criminal law.

77-29-8.
Interstate agreement -- Application of habitual criminal law.
Nothing in the agreement on detainers shall be construed to require the application of the habitual criminal law of this state to any person as a result of any conviction had in a proceeding brought to final disposition by reason of the use of said agreement.
Enacted by Chapter 15, 1980 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 29 - Disposition of Detainers Against Prisoners › Section 9 - Interstate agreement -- Escape of prisoner while in temporary custody.

77-29-9.
Interstate agreement -- Escape of prisoner while in temporary custody.
Escape or attempt to escape from custody, whether within or without this state, while in the temporary custody of an authority of another state acting pursuant to the agreement on detainers shall constitute an offense against this state. Such escape or attempt to escape shall constitute an offense to the same extent and degree as an escape from the institution in which the prisoner was confined immediately prior to having been released to temporary custody, and shall be punishable in the same manner as an escape or attempt to escape from said institution.
Enacted by Chapter 15, 1980 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 29 - Disposition of Detainers Against Prisoners › Section 10 - Interstate agreement -- Duty of warden.

77-29-10.
Interstate agreement -- Duty of warden.
It shall be lawful and mandatory upon the warden or other official in charge of a penal or correctional institution in this state to deliver any inmate thereof whenever so required by the operation of the agreement on detainers.
Enacted by Chapter 15, 1980 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 29 - Disposition of Detainers Against Prisoners › Section 11 - Interstate agreement -- Attorney general as administrator and information agent.

77-29-11.
Interstate agreement -- Attorney general as administrator and information agent.
The attorney general is hereby designated as the officer who shall be the central administrator of and information agent for the agreement on detainers as provided in Article VII of the agreement.
Enacted by Chapter 15, 1980 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 30 - Extradition › Section 1 - Definitions.

77-30-1.
Definitions.
Where appearing in this act, the term "governor" includes any person performing the functions of governor by authority of the law of this state. The term "executive authority" includes the governor and any person performing the functions of governor in a state other than this state. The term "state," referring to a state other than this state, includes any other state or territory, organized or unorganized, of the United States of America.
Enacted by Chapter 15, 1980 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 30 - Extradition › Section 2 - Duty of governor to deliver person charged with crime upon demand by other state.

77-30-2.
Duty of governor to deliver person charged with crime upon demand by other state.
Subject to the provisions of this act, the provisions of the Constitution of the United States controlling, and any and all Acts of Congress enacted in pursuance thereof, it is the duty of the governor of this state to have arrested and delivered up to the executive authority of any other state of the United States any person charged in that state with treason, felony or other crime who has fled from justice and is found in this state.
Enacted by Chapter 15, 1980 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 30 - Extradition › Section 3 - Form of demand -- What documents presented must show.

77-30-3.
Form of demand -- What documents presented must show.
No demand for the extradition of a person charged with a crime in another state shall be recognized by the governor unless in writing alleging, except in cases arising under Section 77-30-6, that the accused was present in the demanding state at the time of the commission of the alleged crime, and that thereafter he fled from the state, and accompanied by a copy of an indictment found or by information supported by affidavit in the state having jurisdiction of the crime, or by a copy of an affidavit made before a magistrate there, together with a copy of any warrant which was issued thereupon or by a copy of a judgment of conviction or of a sentence composed in execution, together with a statement by the executive authority of the demanding state that the person claimed has escaped from confinement or has broken the terms of his bail, probation or parole. The indictment, information or affidavit made before the magistrate must substantially charge the person demanded with having committed a crime under the law of that state and the copy of the indictment, information, affidavit, judgment of conviction or sentence must be authenticated by the executive authority making the demand.
Enacted by Chapter 15, 1980 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 30 - Extradition › Section 4 - Governor may investigate demand.

77-30-4.
Governor may investigate demand.
When a demand shall be made upon the governor of this state by the executive authority of another state for the surrender of a person so charged with a crime, the governor may call upon the attorney general or any prosecuting officer in this state to investigate or assist in investigating the demand, and to report to him the situation and circumstances of the person so demanded, and whether he ought to be surrendered.
Enacted by Chapter 15, 1980 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 30 - Extradition › Section 5 - Extradition for prosecution before conclusion of trial or term in other state -- Return of person involuntarily leaving demanding state.

77-30-5.
Extradition for prosecution before conclusion of trial or term in other state -- Return of person involuntarily leaving demanding state.
When it is desired to have returned to this state a person charged in this state with a crime, and such person is imprisoned or is held under criminal proceedings then pending against him in another state, the governor of this state may agree with the executive authority of such other state for the extradition of such person before the conclusion of such proceedings or his term of sentence in such other state, upon condition that such person be returned to such other state at the expense of this state as soon as the prosecution in this state is terminated.
The governor of this state may also surrender on demand of the executive authority of any other state any person in this state who is charged in the manner provided in Section 77-30-23 with having violated the laws of the state whose executive authority is making the demand, even though such person left the demanding state involuntarily.
Enacted by Chapter 15, 1980 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 30 - Extradition › Section 6 - Extradition for crime committed in another state by person while in this state.

77-30-6.
Extradition for crime committed in another state by person while in this state.
The governor of this state may also surrender, on demand of the executive authority of any other state, any person in this state charged in such other state, in the manner provided in section 77-30-3, with committing an act in this state, or in a third state, intentionally resulting in a crime in the state whose executive authority is making the demand, and the provisions of this act not otherwise inconsistent shall apply to such cases even though the accused was not in that state at the time of the commission of the crime, and has not fled therefrom.
Enacted by Chapter 15, 1980 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 30 - Extradition › Section 7 - Governor's warrant of arrest -- Recitals.

77-30-7.
Governor's warrant of arrest -- Recitals.
If the governor decides that the demand should be complied with he shall sign a warrant of arrest, which shall be sealed with the state seal, directed to any peace officer or other person whom he may think fit to entrust with the execution thereof. The warrant must substantially recite the facts necessary to the validity of its issuance.
Enacted by Chapter 15, 1980 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 30 - Extradition › Section 8 - Execution of warrant of arrest.

Effective 5/8/2018
77-30-8.
Execution of warrant of arrest.
Such warrant shall authorize the peace officer or other person to whom directed to arrest the accused at any time and any place where the accused may be found within the state and to command the aid of all peace officers or other persons in the execution of the warrant, and to deliver the accused, subject to the provisions of this act, to the duly authorized agent of the demanding state.
Amended by Chapter 281, 2018 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 30 - Extradition › Section 9 - Authority of officers under warrant of arrest.

77-30-9.
Authority of officers under warrant of arrest.
Every such peace officer or other person empowered to make the arrest shall have the same authority in arresting the accused, to command assistance therein, as peace officers have by law in the execution of any criminal process directed to them, with like penalties against those who refuse their assistance.
Enacted by Chapter 15, 1980 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 30 - Extradition › Section 10 - Time to apply for habeas corpus allowed.

77-30-10.
Time to apply for habeas corpus allowed.
No person arrested upon such warrant shall be delivered over to the agent whom the executive authority demanding him shall have appointed to receive him unless he shall first be taken forthwith before a judge of a court of record in this state who shall inform him of the demand made for his surrender and of the crime with which he is charged and that he has the right to demand and procure legal counsel and if the prisoner or his counsel shall state that he or they desire to test the legality of his arrest, the judge of such court of record shall fix a reasonable time to be allowed him within which to apply for a writ of habeas corpus. When such writ is applied for, notice thereof and the time and place of hearing thereon shall be given to the prosecuting officer of the county in which the arrest is made and in which the accused is in custody, and to the said agent of the demanding state.
Enacted by Chapter 15, 1980 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 30 - Extradition › Section 11 - Penalty for disobedience of habeas corpus.

77-30-11.
Penalty for disobedience of habeas corpus.
Any officer who shall deliver to the agent for extradition of the demanding state a person in his custody under the governor's warrant, in willful disobedience to Section 77-30-10, shall be guilty of a misdemeanor and on conviction shall be fined not more than $1,000 or be imprisoned in the county jail not more than six months, or both.
Amended by Chapter 20, 1995 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 30 - Extradition › Section 12 - Officers entitled to use local jails.

77-30-12.
Officers entitled to use local jails.
The officer or persons executing the governor's warrant of arrest or the agent of the demanding state to whom the prisoner may have been delivered may, when necessary, confine the prisoner in the jail of any county or city through which he may pass and the keeper of such jail must receive and safely keep the prisoner until the officer or person having charge of him is ready to proceed on his route, such officer or person being chargeable with the expense of keeping.
The officer or agent of a demanding state to whom a prisoner may have been delivered following extradition proceedings in another state, or to whom a prisoner may have been delivered after waiving extradition in such other state, and who is passing through this state with such a prisoner for the purpose of immediately returning such prisoner to the demanding state may, when necessary, confine the prisoner in the jail of any county or city through which he may pass, and the keeper of such jail must receive and safely keep the prisoner until the officer or agent having charge of him is ready to proceed on his route, such officer or agent being chargeable with the expense of keeping; provided, such officer or agent shall produce and show to the keeper of such jail satisfactory written evidence of the fact that he is actually transporting such prisoner to the demanding state after a requisition by the executive authority of such demanding state. Such prisoner shall not be entitled to demand a new requisition while in this state.
Enacted by Chapter 15, 1980 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 30 - Extradition › Section 13 - Fugitives from justice -- Warrant of arrest.

77-30-13.
Fugitives from justice -- Warrant of arrest.
Whenever any person within this state shall be charged on the oath of any credible person before any judge or magistrate of this state with the commission of any crime in any other state, and, except in cases arising under Section 77-30-6 that he has fled from justice, or with having been convicted of a crime in that state and having escaped from confinement, or having broken the terms of his bail, probation or parole, or whenever complaint shall have been made before any judge or magistrate in this state setting forth on the affidavit of any credible person in another state that a crime has been committed in such other state and that the accused has been charged in such state with the commission of the crime, and except in cases arising under Section 77-30-6, has fled from justice, or with having been convicted of a crime in that state and having escaped from confinement, or having broken the terms of his bail, probation or parole, and is believed to be in this state, the judge or magistrate shall issue a warrant directed to any peace officer commanding him to apprehend the person named therein, wherever he may be found in this state, and to bring him before the same or any judge, magistrate or court who or which may be available in or convenient of access to the place where the arrest may be made, to answer the charge or complaint and affidavit, and a certified copy of the sworn charge or complaint and affidavit upon which the warrant is issued shall be attached to the warrant.
Enacted by Chapter 15, 1980 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 30 - Extradition › Section 14 - Arrest without warrant.

77-30-14.
Arrest without warrant.
The arrest of a person may be lawfully made also by any peace officer or a private person without a warrant upon reasonable information that the accused stands charged in the courts of a state with a crime punishable by death or imprisonment for a term exceeding one year, but when so arrested the accused must be taken before a judge or magistrate with all practicable speed and complaint must be made against him under oath setting forth the ground for the arrest as in Section 77-30-13, and thereafter his answer shall be heard as if he had been arrested on a warrant.
Amended by Chapter 20, 1995 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 30 - Extradition › Section 15 - Commitment pending arrest under warrant of governor.

77-30-15.
Commitment pending arrest under warrant of governor.
If from the examination before the judge or magistrate it appears that the person held is the person charged with having committed the crime alleged, and, except in cases arising under Section 77-30-6 that he has fled from justice, the judge or magistrate must, by a warrant reciting the accusation, commit him to the county jail for such a time not exceeding 30 days and specified in the warrant as will enable the arrest of the accused to be made under a warrant of the governor on a requisition of the executive authority of the state having jurisdiction of the offense, unless the accused gives bail as provided in the next section or until he shall be legally discharged.
Enacted by Chapter 15, 1980 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 30 - Extradition › Section 16 - Amount of bail.

77-30-16.
Amount of bail.
(1) Except as provided in Subsection (2), a judge or magistrate in this state may admit the person arrested to bail by bond with sufficient sureties and in an amount he considers proper, conditioned for his appearance before him at a time specified in the bond and for his surrender, to be arrested upon the warrant of the governor of this state.
(2) A person arrested under Section 77-30-13 shall be admitted to bail as a matter of right, except the court has discretion to deny bail as provided in Utah Constitution Article I, Section 8, and when a judge or magistrate in the demanding state has ordered that the person charged be held without bail or the person has waived extradition.
(3) There is a rebuttable presumption that the bail set by the court or magistrate in the demanding state is the proper amount of bail in this state.
Amended by Chapter 199, 1997 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 30 - Extradition › Section 17 - Procedure when no arrest made under warrant of governor.

77-30-17.
Procedure when no arrest made under warrant of governor.
If the accused is not arrested under warrant of the governor by the expiration of the time specified in the warrant or bond, a judge or magistrate may discharge him or may recommit him for a further period not to exceed 60 days, or a judge or magistrate may again take bail for his appearance and surrender, as provided in Section 77-30-16, but within a period not to exceed 60 days after the date of such new bond.
Enacted by Chapter 15, 1980 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 30 - Extradition › Section 18 - Forfeiture of bail.

Effective 5/8/2018
77-30-18.
Forfeiture of bail.
If the prisoner is admitted to bail and fails to appear and surrender according to the conditions of the prisoner's bond, the judge or magistrate by proper order shall declare the bond forfeited and order the prisoner's immediate arrest without warrant if the prisoner is within this state. Recovery may be had on such bond in the name of the state as in the case of other bonds given by the accused in criminal proceedings within this state.
Amended by Chapter 281, 2018 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 30 - Extradition › Section 19 - Procedure if prosecution pending in this state.

Effective 5/3/2023
77-30-19.
Procedure if prosecution pending in this state.
(1) If a criminal prosecution has been instituted against a defendant under the laws of this state and is still pending, the governor may either surrender the defendant on demand of the executive authority of another state or hold the defendant until the defendant has been tried and either convicted and sentenced, acquitted, or otherwise discharged in this state.
(2) Unless tolling is contrary to state or federal law, the period of time for extradition shall be tolled when local charges are pending in this state.
Amended by Chapter 192, 2023 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 30 - Extradition › Section 20 - Governor not to inquire into guilt or innocence.

77-30-20.
Governor not to inquire into guilt or innocence.
The guilt or innocence of the accused as to the crime of which he is charged in another state may not be inquired into by the governor or in any proceeding after the demand for extradition accompanied by a charge of crime in legal form as above provided shall have been presented to the governor, except as it may be involved in identifying the person held as the person charged with the crime.
Enacted by Chapter 15, 1980 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 30 - Extradition › Section 22 - Fugitives from this state -- Issuance of governor's warrant.

77-30-22.
Fugitives from this state -- Issuance of governor's warrant.
Whenever the governor of this state shall demand a person charged with a crime or with escaping from confinement or breaking the terms of his bail, probation, or parole in this state from the executive authority of any other state or from the chief justice or an associate justice of the superior court of the District of Columbia authorized to receive such demand under the laws of the United States, he shall issue a warrant under the seal of this state to some agent, commanding him to receive the person so charged if delivered to him and convey him to the proper officer of the county in this state in which the offense was committed.
Enacted by Chapter 15, 1980 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 30 - Extradition › Section 23 - Fugitives from this state -- Applications for requisition for return.

77-30-23.
Fugitives from this state -- Applications for requisition for return.
(1) When the return to this state of a person charged with a crime in this state is required, the prosecuting attorney shall present to the governor his written application for a requisition for the return of the person charged, in which application shall be stated the name of the person so charged, the crime charged against him, the approximate time, place, and circumstances of its commission, the state in which he is believed to be, including the location of the accused therein at the time the application is made, and certifying that in the opinion of the said prosecuting attorney the ends of justice require the arrest and return of the accused to this state for trial and that the proceeding is not instituted to enforce a private claim.
(2) When the return to this state is required of a person who has been convicted of a crime in this state and has escaped from confinement or broken the terms of his bail, probation, or parole, the prosecuting attorney of the county in which the offense was committed, the parole board, or the warden of the institution or sheriff of the county from which escape was made shall present to the governor a written application for a requisition for the return of such person, in which application shall be stated the name of the person, the crime of which he was convicted, the circumstances of his escape from confinement, or of the breach of the terms of his bail, probation, or parole, the state in which he is believed to be, including the location of the person therein at the time application is made.
(3) The application shall be verified by affidavit, shall be executed in duplicate, and shall be accompanied by two certified copies of the indictment returned, or information and affidavit filed, or of the complaint made to the judge or magistrate stating the offense with which the accused is charged, or of the judgment or conviction, or of the sentence.
(4) The prosecuting officer, parole board, warden, or sheriff may also attach such further affidavits and other documents in duplicate as he shall deem proper to be submitted with such application. One copy of the application with the action of the governor indicated by endorsement thereon and one of the certified copies of the indictment, complaint, information, and affidavits or of the judgment of conviction or of the sentence shall be filed in the office of the governor to remain of record in that office. The other copies of all papers shall be forwarded with the governor's requisition.
Amended by Chapter 306, 2007 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 30 - Extradition › Section 24 - Payment of expenses -- Extradition costs.

Effective 5/3/2023
77-30-24.
Payment of expenses -- Extradition costs.
(1)
(a) When the punishment of an offense is the confinement of the defendant in prison, the expenses shall be paid out of the state treasury on the certificate of the governor and warrant of the auditor.
(b) In all other cases, the expenses for confinement shall be paid out of the treasury of the county where the offense is alleged to have been committed.
(c) The expenses shall be the fees paid to the officers of the state on whose governor the requisition is made.
(2) If a defendant is returned to the state under this chapter and the defendant is convicted of, or pleads guilty or no contest to, the offense or to a lesser offense, the defendant may be required to pay the costs of extradition to the appropriate governmental entity as described in Subsection 76-3-201(4)(b).
Amended by Chapter 497, 2023 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 30 - Extradition › Section 25 - Individual brought into state on extradition exempt from civil process -- Waiver of extradition proceedings -- Nonwaiver by this state.

Effective 5/14/2019
77-30-25.
Individual brought into state on extradition exempt from civil process -- Waiver of extradition proceedings -- Nonwaiver by this state.
(1) An individual brought into this state by or after waiver of extradition based on a criminal charge is not subject to service of personal process in a civil action arising out of the same facts as the criminal proceedings to answer which the individual is being or has been returned until the individual has been convicted in the criminal proceedings, or, if acquitted, until the individual has had reasonable opportunity to return to the state from which the individual was extradited.
(2)
(a) An individual arrested in this state charged with having committed any crime in another state or alleged to have escaped from confinement or broken the terms of the individual's bail, probation, or parole may waive the issuance and service of the warrant provided for in Sections 77-30-7 and 77-30-8, and a procedure incidental to extradition proceedings, by executing or subscribing in the presence of a judge of any court of record within this state a writing that states that the individual consents to return to the demanding state, except that before the waiver is executed or subscribed by the individual, it shall be the duty of the judge to inform the individual of the individual's rights to the issuance and service of a warrant of extradition and to obtain a writ of habeas corpus as provided for in Section 77-30-10.
(b) The judge shall direct the officer having an individual in custody to deliver forthwith the individual to the accredited agent or agents of the demanding state and shall deliver or cause to be delivered to the accredited agent or agents a copy of the consent except that nothing in this section may be considered to limit the rights of the accused individual to return voluntarily and without formality to the demanding state, nor shall this waiver procedure be considered to be an exclusive procedure or to limit the powers, rights, or duties of the officers of the demanding state or of this state.
(3) Nothing in this chapter may be considered to constitute a waiver by this state of its right, power, or privilege to try the demanded individual for a crime committed within this state, or of its right, power, or privilege to regain custody of the individual by extradition proceedings or otherwise for the purpose of trial, sentence, or punishment for any crime committed within this state, nor shall any proceedings had under this chapter, which result in or fail to result in extradition, be considered a waiver by this state of any of its rights, privileges or jurisdiction in any way whatsoever.
Amended by Chapter 429, 2019 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 30 - Extradition › Section 26 - Prosecution not limited to crime specified in requisition.

77-30-26.
Prosecution not limited to crime specified in requisition.
After a person has been brought back to this state by or after waiver of extradition proceedings he may be tried in this state for other crimes which he may be charged with having committed here as well as that specified in the requisition for his extradition.
Enacted by Chapter 15, 1980 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 30 - Extradition › Section 26.5 - Person who has violated parole or probation agreement with demanding state.

77-30-26.5.
Person who has violated parole or probation agreement with demanding state.
(1) A law enforcement agency that is holding a person subject to extradition based on having allegedly violated the terms of the person's probation, parole, bail, or other terms of release in the demanding state shall immediately release the person to the authorized agent of the demanding state. A governor's warrant is not required in order to return the person if:
(a) the person has previously signed a waiver of extradition as a term of the person's probation, parole, bail, or other terms of release in the demanding state;
(b) the law enforcement agency holding the person has received:
(i) an authenticated copy of the prior waiver of extradition signed by the person; and
(ii) a photograph and fingerprints identifying the person as the person who signed the waiver.
(2) Utah may, prior to releasing a person to the authorized agent of the demanding state, prosecute the person for any criminal offense committed in Utah.
(3) This section does not affect or limit:
(a) the right of the person sought by the demanding state to return to the demanding state voluntarily and without governmental action;
(b) the authority of the law enforcement or parole officers of Utah or the demanding state; or
(c) any procedures regarding waiver of extradition under Title 77, Chapter 30, Extradition.
Enacted by Chapter 156, 2007 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 30 - Extradition › Section 27 - Uniformity of interpretation.

77-30-27.
Uniformity of interpretation.
The provisions of this act shall be so interpreted and construed as to effectuate its general purposes to make uniform the law of those states which enact it.
Enacted by Chapter 15, 1980 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 32b - Criminal Accounts Receivable and Costs › Section 102 - Definitions.

Effective 7/1/2021
77-32b-102.
Definitions.
As used in this chapter:
(1) "Board" means the Board of Pardons and Parole.
(2)
(a) "Civil accounts receivable" means any amount of the criminal accounts receivable that is owed by the defendant that has not been paid on or before the day on which:
(i) the defendant's sentence is terminated; or
(ii) the court enters an order for a civil accounts receivable under Subsection 77-18-114(1) or (2).
(b) "Civil accounts receivable" does not include any amount of the criminal accounts receivable that is owed by the defendant for restitution.
(3) "Civil judgment of restitution" means any amount of the criminal accounts receivable that is owed by the defendant for restitution that has not been paid on or before the day on which the defendant's sentence is terminated.
(4)
(a) "Criminal accounts receivable" means any amount owed by a defendant that arises from a criminal judgment until:
(i) the defendant's sentence terminates;
(ii) the court enters an order for a civil accounts receivable under Subsection 77-18-114(1) or (2); or
(iii) if the court requires the defendant, upon termination of the probation period for the defendant, to continue to make payments on the criminal accounts as described in Subsection 77-18-105(8), the defendant's sentence expires.
(b) "Criminal accounts receivable" includes unpaid fees, forfeitures, surcharges, costs, interest, penalties, restitution, third party claims, claims, reimbursement of a reward, and damages.
(5) "Default" means a civil accounts receivable, a civil judgment of restitution, or a criminal accounts receivable that is overdue by at least 90 days.
(6) "Delinquent" means a civil accounts receivable, a civil judgment of restitution, or a criminal account receivable that is overdue by more than 28 days but less than 90 days.
(7) "Payment schedule" means the amount that is be paid by a defendant in installments, or by a certain date, to satisfy a criminal accounts receivable for the defendant.
(8) "Remit" or "remission" means to forgive or to excuse, in whole or in part, any unpaid amount of a criminal accounts receivable.
(9) "Restitution" means the same as that term is defined in Section 77-38b-102.
Renumbered and Amended by Chapter 260, 2021 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 32b - Criminal Accounts Receivable and Costs › Section 104 - Costs -- What constitute costs -- Ability to pay.

Effective 5/3/2023
77-32b-104.
Costs -- What constitute costs -- Ability to pay.
(1) Except for a cost described in Subsection 76-3-201(4), a court may order a defendant under Section 76-3-201 to pay costs for expenses incurred by the state or any political subdivision of the state for investigating, searching for, apprehending, and prosecuting the defendant, including:
(a) attorney fees of counsel assigned to represent the defendant;
(b) investigators' fees; or
(c) except for a monetary reward that is paid to a codefendant, an accomplice, or a bounty hunter, a monetary reward that is:
(i) offered to the public in exchange for information that would lead to the apprehension and conviction of the defendant; and
(ii) paid to a person who provided information that led to the apprehension and conviction of the defendant.
(2) A cost under Subsection (1) may not include:
(a) expenses inherent in providing a constitutionally guaranteed trial;
(b) expenditures in connection with the maintenance and operation of government agencies that must be made by the public irrespective of specific violations of law;
(c) attorney fees for prosecuting attorneys; or
(d) expenses for government transportation to and from court proceedings related to the prosecution of the offense for which the defendant is convicted.
(3) The court may not order a defendant to pay a cost, unless there is evidence that the defendant is, or will be, able to pay the cost.
(4) In determining the amount of a cost that a defendant is ordered to pay, the court shall take into account:
(a) the financial resources of the defendant;
(b) the nature of the burden that payment of the cost will impose; and
(c) that restitution is prioritized over any cost.
Amended by Chapter 497, 2023 General Session