2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 2a - Pleas in Abeyance › Section 3 - Manner of entry of plea -- Powers of court.

Effective 5/3/2023
77-2a-3.
Manner of entry of plea -- Powers of court.
(1)
(a) Acceptance of any plea in anticipation of a plea in abeyance agreement shall be done in full compliance with the Utah Rules of Criminal Procedure, Rule 11.
(b) In cases charging offenses for which bail may be forfeited, a plea in abeyance agreement may be entered into without a personal appearance before a magistrate.
(2) A plea in abeyance agreement may provide that the court may, upon finding that the defendant has successfully completed the terms of the agreement:
(a) reduce the degree of the offense and enter judgment of conviction and impose sentence for a lower degree of offense; or
(b) allow withdrawal of defendant's plea and order the dismissal of the case.
(3)
(a) Upon finding that a defendant has successfully completed the terms of a plea in abeyance agreement, the court may reduce the degree of the offense or dismiss the case only as provided in the plea in abeyance agreement or as agreed to by all parties.
(b) Upon sentencing a defendant for any lesser offense in accordance with a plea in abeyance agreement, the court may not invoke Section 76-3-402 to further reduce the degree of the offense.
(4) The court may require the Department of Corrections to assist in the administration of the plea in abeyance agreement as if the defendant were on probation to the court under Section 77-18-105.
(5) The terms of a plea in abeyance agreement may include:
(a) an order that the defendant pay a nonrefundable plea in abeyance fee, with a surcharge based on the amount of the plea in abeyance fee, both of which shall be allocated in the same manner as if paid as a fine for a criminal conviction under Section 78A-5-110 and a surcharge under Title 51, Chapter 9, Part 4, Criminal Conviction Surcharge Allocation, and which may not exceed in amount the maximum fine and surcharge which could have been imposed upon conviction and sentencing for the same offense;
(b) an order that the defendant pay the costs of any remedial or rehabilitative program required by the terms of the agreement; and
(c) an order that the defendant comply with any other conditions that could have been imposed as conditions of probation upon conviction and sentencing for the same offense.
(6)
(a) The terms of a plea in abeyance shall include:
(i) a specific amount of restitution that the defendant will pay, as agreed to by the defendant and the prosecuting attorney;
(ii) a certification from the prosecuting attorney that:
(A) the prosecuting attorney has consulted with all victims, including the Utah Office for Victims of Crime; and
(B) all victims, including the Utah Office for Victims of Crime, are not seeking restitution; or
(iii) an agreement between the parties that restitution will be determined by the court at a subsequent hearing in accordance with Section 77-38b-205.
(b) At a subsequent hearing described in Subsection (6)(a)(iii), the court shall order the defendant, as a modified term of the plea in abeyance, to pay restitution to all victims for the entire amount of pecuniary damages that are proximately caused by the criminal conduct of the defendant.
(c) The court shall collect, receive, process, and distribute payments for restitution to the victim, unless otherwise provided by law or by the plea in abeyance agreement.
(d) If the defendant does not successfully complete the terms of the plea in abeyance, the court shall enter an order for restitution, in accordance with Chapter 38b, Crime Victims Restitution Act, upon entering a sentence for the defendant.
(7)
(a) A court may not hold a plea in abeyance without the consent of both the prosecuting attorney and the defendant.
(b) A decision by a prosecuting attorney not to agree to a plea in abeyance is final.
(8) No plea may be held in abeyance in any case involving:
(a) a sexual offense against an individual who is under 14 years old; or
(b) a driving under the influence violation under Section 41-6a-502, 41-6a-502.5, 41-6a-517, 41-6a-520, 41-6a-520.1, 41-6a-521.1, 76-5-102.1, or 76-5-207.
Amended by Chapter 113, 2023 General Session
Amended by Chapter 415, 2023 General Session