reglab/statecodes huggingface dataset:
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 18 - The Judgment › Section 104 - Screening, assessment, and treatment.

Effective 7/1/2021
77-18-104.
Screening, assessment, and treatment.
(1) As used in this section:
(a) "Assessment" has the same meaning as in Section 41-6a-501.
(b) "Screening" has the same meaning as in Section 41-6a-501.
(2) In coordination with the local substance abuse authority regarding available resources, a court in which the Drug-Related Offenses Reform Act under Section 63M-7-305 is implemented shall order a convicted defendant, who is determined to be eligible in accordance with the implementation plan developed by the Utah Substance Use and Mental Health Advisory Council under Section 63M-7-305, to:
(a) participate in a screening before sentencing;
(b) participate in an assessment before sentencing if the screening indicates an assessment to be appropriate; and
(c) participate in substance use disorder treatment if:
(i) the assessment indicates treatment to be appropriate;
(ii) the court finds treatment to be appropriate for the convicted defendant; and
(iii) the court finds the convicted defendant to be an appropriate candidate for community-based supervision.
(3) The findings from any screening and any assessment conducted under this section shall be part of the presentence investigation report submitted to the court under Section 77-18-103.
(4) Money appropriated by the Legislature to assist in the funding of the screening, assessment, substance use disorder treatment, and supervision provided under this section is not subject to any requirement regarding matching funds from a state or local governmental entity.
Renumbered and Amended by Chapter 260, 2021 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 18 - The Judgment › Section 106 - Treatment at the Utah State Hospital -- Condition of probation or stay of sentence.

Effective 5/3/2023
77-18-106.
Treatment at the Utah State Hospital -- Condition of probation or stay of sentence.
The court may order as a condition of probation, or a stay of sentence, that the defendant be voluntarily admitted to the custody of the Office of Substance Use and Mental Health for treatment at the Utah State Hospital only if the superintendent of the Utah State Hospital, or the superintendent's designee, certifies to the court that:
(1) the defendant is appropriate for, and can benefit from, treatment at the Utah State Hospital;
(2) there is space at the Utah State Hospital for treatment of the defendant; and
(3) individuals described in Subsection 26B-5-306(2)(g) are receiving priority for treatment over the defendant.
Amended by Chapter 330, 2023 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 18 - The Judgment › Section 107 - Home confinement -- Electronic monitoring for home confinement.

Effective 7/1/2021
77-18-107.
Home confinement -- Electronic monitoring for home confinement.
(1) The court may order home confinement as a condition of probation under the supervision of the department, except as provided in Sections 76-3-406 and 76-5-406.5.
(2) The department shall establish procedures and standards for home confinement for all defendants supervised by the department for home confinement.
(3) If the court places the defendant on probation and orders the defendant to participate in home confinement under Subsection (1), the court may order the defendant to participate in home confinement through the use of electronic monitoring until further order of the court.
(4) The electronic monitoring of a defendant shall alert the department and the appropriate law enforcement agency of the defendant's whereabouts.
(5) An electronic monitoring device shall be used under conditions that require:
(a) the defendant to wear an electronic monitoring device at all times; and
(b) the device be placed in the home of the defendant to monitor the defendant's compliance with the court's order.
(6) If a court orders a defendant to participate in home confinement through electronic monitoring as a condition of probation under Subsection (3), the court shall:
(a) place the defendant on probation under the supervision of the department;
(b) order the department to place an electronic monitoring device on the defendant and install electronic monitoring equipment in the residence of the defendant; and
(c) order the defendant to pay the costs associated with home confinement to the department or the program provider.
(7) The department shall pay the costs of home confinement through electronic monitoring only for an individual who is determined to be indigent by the court.
(8) The department may provide the electronic monitoring described in this section directly or by contract with a private provider.
Enacted by Chapter 260, 2021 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 18 - The Judgment › Section 109 - Standards for supervision and presentence investigation.

Effective 7/1/2021
77-18-109.
Standards for supervision and presentence investigation.
(1) The department shall establish supervision and presentence investigation standards for all individuals referred to the department based on:
(a) the type of offense;
(b) the results of a screening and an assessment;
(c) the demand for services;
(d) the availability of agency resources;
(e) public safety; and
(f) other criteria established by the department to determine what level of services shall be provided.
(2) The department shall submit proposed supervision and presentence investigation standards annually to the Judicial Council and the board for review and comment before the department adopts the standards.
(3) The Judicial Council and the department shall establish procedures to implement the supervision and presentence investigation standards.
(4) The Judicial Council and the department shall annually consider modifications to the standards based upon criteria in Subsection (1) and other criteria as the Judicial Council and the department consider appropriate.
(5) The Judicial Council and the department shall:
(a) annually prepare an impact report; and
(b) submit the impact report to the appropriate legislative appropriations subcommittee.
Enacted by Chapter 260, 2021 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 18 - The Judgment › Section 110 - Disposition of fines.

Effective 7/1/2021
77-18-110.
Disposition of fines.
A fine imposed by the district court shall be paid in accordance with Section 78A-5-110.
Renumbered and Amended by Chapter 260, 2021 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 18 - The Judgment › Section 111 - Sentence -- Term -- Construction.

Effective 7/1/2021
77-18-111.
Sentence -- Term -- Construction.
(1) If an individual is convicted of a crime and the judgment provides for a commitment to the state prison, the court shall not fix a definite term of imprisonment unless otherwise provided by law.
(2) The sentence and judgment of imprisonment shall be for an indeterminate term of not less than the minimum and not to exceed the maximum term provided by law for the particular crime.
(3) Except as otherwise expressly provided by law, every sentence, regardless of the sentence's form or terms, which purports to be for a shorter or different period of time, shall be construed to be a sentence for the term between the minimum and maximum periods of time provided by law and shall continue until the maximum period has been reached unless sooner terminated or commuted by authority of the board.
Renumbered and Amended by Chapter 260, 2021 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 18 - The Judgment › Section 112 - Reports by courts and prosecuting attorneys to Board of Pardons and Parole.

Effective 7/1/2021
77-18-112.
Reports by courts and prosecuting attorneys to Board of Pardons and Parole.
In cases where an indeterminate sentence is imposed, the court and prosecuting attorney may, within 30 days, mail a statement to the board setting forth the term for which the prisoner ought to be imprisoned together with any information which might aid the board in passing on the application for termination or commutation of the sentence or for parole or pardon.
Renumbered and Amended by Chapter 260, 2021 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 18 - The Judgment › Section 113 - Judgment of death -- Method is lethal injection -- Exceptions for use of firing squad.

Effective 7/1/2021
77-18-113.
Judgment of death -- Method is lethal injection -- Exceptions for use of firing squad.
(1)
(a) When a defendant is convicted of a capital felony and the judgment of death has been imposed, lethal intravenous injection is the method of execution.
(b) Subsection (1)(a) applies to any defendant sentenced to death on or after May 3, 2004, except under Subsections (2), (3), and (4).
(2)
(a) If a court holds that a defendant has a right to be executed by a firing squad, the method of execution for that defendant shall be a firing squad.
(b) This Subsection (2) applies to any defendant whose right to be executed by a firing squad is preserved by that judgment.
(3)
(a) If a court holds that execution by lethal injection is unconstitutional on its face, the method of execution shall be a firing squad.
(b) If a court holds that execution by lethal injection is unconstitutional as applied, the method of execution for that defendant shall be a firing squad.
(4) The method of execution for the defendant is the firing squad if the sentencing court determines the state is unable to lawfully obtain the substance or substances necessary to conduct an execution by lethal intravenous injection 30 or more days before the date specified in the warrant issued upon a judgment of death under Section 77-19-6.
Renumbered and Amended by Chapter 260, 2021 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 18 - The Judgment › Section 115 - Liability of rescued person for costs of emergency response.

Effective 7/1/2021
77-18-115.
Liability of rescued person for costs of emergency response.
(1) Any person who violates Section 76-6-206.1 and whose conduct required emergency care, rescue, assistance, or recovery services at the scene of an abandoned or inactive mine may be charged with the expenses incurred in meeting the emergency.
(2)
(a) The court's order shall be a judgment that orders the payment of reimbursement to any public agency or private body that incurred the expenses.
(b) The judgment shall constitute a lien when recorded in the judgment docket and shall have the same effect and is subject to the same rules as a judgment for money in a civil action.
(3) The liability imposed under this section is in addition to and not in limitation of any other liability that may be imposed.
Renumbered and Amended by Chapter 260, 2021 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 18 - The Judgment › Section 116 - Costs imposed on defendant -- Restrictions.

Effective 7/1/2021
77-18-116.
Costs imposed on defendant -- Restrictions.
Unless specifically authorized by statute, a defendant shall not be required to pay court costs in a criminal case as:
(1) a part of a sentence; or
(2) a condition of probation or dismissal.
Renumbered and Amended by Chapter 260, 2021 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 18 - The Judgment › Section 117 - Fine not paid -- Commitment.

Effective 7/1/2021
77-18-117.
Fine not paid -- Commitment.
(1) When a defendant is sentenced to pay a fine in addition to a jail or a prison sentence and the judgment is that the jail or prison sentence be suspended upon payment of the fine, the service of the jail or prison sentence shall satisfy the judgment.
(2) If a defendant fails to pay the fine and the court finds that the defendant failed to make a good faith effort to pay the fine, the court may, after a hearing, order the execution of the suspended jail or prison sentence.
(3) If a defendant is sentenced to pay a fine only, or is sentenced to jail or prison and a fine, with neither suspended, the defendant may not later be committed to jail for failure to pay the fine.
Renumbered and Amended by Chapter 260, 2021 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 18 - The Judgment › Section 118 - Continuing jurisdiction of a sentencing court.

Effective 5/4/2022
77-18-118.
Continuing jurisdiction of a sentencing court.
(1) A sentencing court shall retain jurisdiction over a defendant's criminal case:
(a) if the defendant is on probation as described in Subsection 77-18-105(3)(c);
(b) if the defendant is on probation and the probation period has terminated under Subsection 77-18-105(7), to require the defendant to continue to make payments towards a criminal accounts receivable until the defendant's sentence expires;
(c) within the time periods described in Subsection 77-38b-205(5), to enter or modify an order for a criminal accounts receivable in accordance with Section 77-32b-103;
(d) within the time periods described in Subsection 77-38b-205(5), to enter or modify an order for restitution in accordance with Section 77-38b-205;
(e) until a defendant's sentence is terminated, to correct an error for a criminal accounts receivable in accordance with Subsection 77-32b-105(1)(a);
(f) until a defendant's sentence is terminated, to modify a payment schedule for a criminal accounts receivable in accordance with Subsection 77-32b-105(1)(b);
(g) if a defendant files a petition for remittance under Subsection 77-32b-106(1) within 90 days from the day on which the defendant's sentence is terminated, to determine whether to remit, in whole or in part, the defendant's criminal accounts receivable; and
(h) to enter an order for a civil accounts receivable and a civil judgment of restitution in accordance with Section 77-18-114.
(2) This section does not prevent a court from exercising jurisdiction over:
(a) a contempt proceeding for a defendant under Title 78B, Chapter 6, Part 3, Contempt; or
(b) enforcement of a civil accounts receivable or a civil judgment of restitution.
Amended by Chapter 359, 2022 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 18a - The Appeal › Section 1 - Appeals -- When proper.

Effective 11/16/2021
77-18a-1.
Appeals -- When proper.
(1) A defendant may, as a matter of right, appeal from:
(a) a final judgment of conviction, whether by verdict or plea;
(b) an order made after judgment that affects the substantial rights of the defendant;
(c) an order adjudicating the defendant's competency to proceed further in a pending prosecution; or
(d) an order denying bail under Chapter 20, Bail.
(2) In addition to any appeal permitted by Subsection (1), a defendant may seek discretionary appellate review of any interlocutory order.
(3) The prosecution may, as a matter of right, appeal from:
(a) a final judgment of dismissal, including a dismissal of a felony information following a refusal to bind the defendant over for trial;
(b) a pretrial order dismissing a charge on the ground that the court's suppression of evidence has substantially impaired the prosecution's case;
(c) an order granting a motion to withdraw a plea of guilty or no contest;
(d) an order arresting judgment or granting a motion for merger;
(e) an order terminating the prosecution because of a finding of double jeopardy or denial of a speedy trial;
(f) an order granting a new trial;
(g) an order holding a statute or any part of it invalid;
(h) an order adjudicating the defendant's competency to proceed further in a pending prosecution;
(i) an order finding, pursuant to Title 77, Chapter 19, Part 2, Competency for Execution, that an inmate sentenced to death is incompetent to be executed;
(j) an order reducing the degree of offense pursuant to Section 76-3-402;
(k) an illegal sentence; or
(l) an order dismissing a charge pursuant to Subsection 76-2-309(3).
(4) In addition to any appeal permitted by Subsection (3), the prosecution may seek discretionary appellate review of any interlocutory order entered before jeopardy attaches.
Amended by Chapter 4, 2021 Special Session 2
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 18a - The Appeal › Section 2 - Capital cases.

77-18a-2.
Capital cases.
After the resolution of an initial appeal of a capital case when the sentence of death has been imposed, a subsequent appeal may not be entertained by any court and a stay of execution of the sentence may not be granted when the appeal does not raise any new matter not previously resolved or when the new matter could have been raised at the previous appeal.
Enacted by Chapter 7, 1990 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 19 - The Execution › Part 1 - Judgment Provisions › Section 1 - Judgment for fine or costs -- Enforcement.

77-19-1.
Judgment for fine or costs -- Enforcement.
If the judgment is for a fine or costs when allowed by statute and the fine is not paid as ordered by the court, execution or garnishment may be issued as on a judgment in a civil action. The prosecuting attorney, upon written request of the court clerk, shall effectuate collection through execution or garnishment when the fine or costs have not been paid as ordered by the court.
Enacted by Chapter 15, 1980 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 19 - The Execution › Part 1 - Judgment Provisions › Section 2 - Judgment of imprisonment -- Commitment.

77-19-2.
Judgment of imprisonment -- Commitment.
If the judgment is for imprisonment, the sheriff of the county or other appropriate custodial officer designated by the court shall, upon receipt of a certified copy of the judgment, deliver the defendant to the warden of the state prison or keeper of the jail. Such custodial officer shall also deliver a certified copy of the judgment and take a receipt from the warden or keeper of the jail for the defendant and return it to the court.
Enacted by Chapter 15, 1980 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 19 - The Execution › Part 1 - Judgment Provisions › Section 3 - Special release from city or county jail -- Purposes.

77-19-3.
Special release from city or county jail -- Purposes.
(1) Any person incarcerated in any city or county jail may, in accordance with the release policy of the facility, be released from jail during those hours which are reasonable and necessary to accomplish any of the purposes under Subsection (2) if:
(a) the offense is not one for which release is prohibited under state law; and
(b) the judge has not entered an order prohibiting a special release.
(2) The custodial authority at the jail may release an inmate who qualifies under Subsection (1) for:
(a) working at his employment;
(b) seeking employment;
(c) attending an educational institution;
(d) obtaining necessary medical treatment; or
(e) any other reasonable purpose as determined by the custodial authority of the jail.
Amended by Chapter 148, 2007 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 19 - The Execution › Part 1 - Judgment Provisions › Section 4 - Special release from city or county jail -- Conditions and limitations.

77-19-4.
Special release from city or county jail -- Conditions and limitations.
(1) All released prisoners under Section 77-19-3 are in the custody of the custodial authority and are subject at any time to being returned to jail, for good cause.
(2) The judge may order that the prisoner:
(a) pay money earned from employment during the jail term to those persons he is legally responsible to support; or
(b) retain sufficient money to pay his costs of transportation, meals, and other incidental and necessary expenses related to his special release.
(3) The custodial authority of the jail shall establish all other conditions of special release.
(4) During all hours when the prisoner is not serving the function for which he is awarded release time, he shall be confined to jail.
(5) The prisoner shall obtain his own transportation to and from the place where he performs the function for which he is released.
Amended by Chapter 148, 2007 General Session
Amended by Chapter 306, 2007 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 19 - The Execution › Part 1 - Judgment Provisions › Section 5 - Special release from city or county jail -- Revocation.

77-19-5.
Special release from city or county jail -- Revocation.
The judge may, for good cause, revoke any release time previously awarded, and shall notify the prisoner that, if he makes written request, a hearing shall be afforded to him to challenge the revocation.
Enacted by Chapter 15, 1980 General Session
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 19 - The Execution › Part 2 - Competency for Execution › Section 206 - Expenses -- Allocation.

Effective 5/3/2023
77-19-206.
Expenses -- Allocation.
The Department of Health and 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.
Amended by Chapter 330, 2023 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 20 - Bail › Part 2 - Preconviction Bail › Section 203 - County sheriff authority to release an individual from jail on own recognizance.

Effective 5/3/2023
77-20-203.
County sheriff 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 jail official 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.
Amended by Chapter 408, 2023 General Session
2023 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
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 20 - Bail › Part 2 - Preconviction Bail › Section 207 - Modification of pretrial status order -- Failure to appear.

Effective 5/3/2023
77-20-207.
Modification of pretrial status order -- Failure to appear.
(1) A party may move to modify a pretrial status order:
(a) 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) Notwithstanding Subsection (1), a defendant may move to modify a pretrial status order if:
(i) the magistrate or judge imposed a financial condition as a condition of release in the pretrial status order; and
(ii) the defendant is unable to pay the financial condition within seven days after the day on which the pretrial status order is issued.
(b) For a motion under Subsection (2)(a), there is a rebuttable presumption that the defendant does not have the ability to pay the financial condition.
(3)
(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.
(4) 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(8);
(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)
(i) for a motion to modify a pretrial status order under Subsection (1), modify the pretrial status order, including the conditions of release, upon a finding that there has been a material change in circumstances; or
(ii) for a motion to modify a pretrial status order under Subsection (2), modify the pretrial status order by reducing the amount of the financial condition or imposing nonfinancial conditions of release upon a finding that the defendant is unable to pay the amount of the financial condition in the pretrial status order.
(5) In modifying a pretrial status order upon a motion by a party or on the court's own motion, the court shall consider whether imposing a bail bond as a condition of release in a modified pretrial status order will increase the likelihood of the defendant's appearance when:
(a) the defendant was previously released on the defendant's own recognizance or on nonfinancial conditions;
(b) the defendant willfully failed to appear at a required court appearance or has failed to appear at a required court appearance more than once; and
(c) a bench warrant was issued.
(6) Subsections 77-20-205(3) through (10) apply to a determination about pretrial release in a modified pretrial status order.
Amended by Chapter 408, 2023 General Session
2023 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 5/3/2023
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 county jail official 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.
Amended by Chapter 408, 2023 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 20 - Bail › Part 2 - Preconviction Bail › Section 209 - Right to expedited appeal of pretrial detention.

Effective 5/3/2023
77-20-209.
Right to expedited appeal of pretrial detention.
If a magistrate or judge issues a pretrial status order that orders the individual be detained during the time the individual awaits trial or other resolution of criminal charges, the individual has the right to an expedited appeal of the pretrial status order.
Enacted by Chapter 408, 2023 General Session
2023 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 5/3/2023
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(5).
Amended by Chapter 408, 2023 General Session