Title 75E, Title 75E: Criminal and Juvenile Justice Administration

75E-5-306. Ineligible individuals -- Fraudulent compensation claims -- Penalties. (1) The following individuals are not eligible to receive a compensation award: an individual who does not meet all of the provisions set forth in Section; 75E-5-305 the offender; an accomplice of t…

75E-5-307. Compensation award process -- Additional testing -- Failure to comply -- Waiver of privilege. (1) If the mental, physical, or emotional condition of a victim is material to a compensation claim, the compensation specialist, director, or the assistant director compensat…

75E-5-308. Determination of eligibility for victim compensation -- Law enforcement agency to provide investigative reports -- Restrictions on usage -- Criminal penalty. (1) Notwithstanding Section, and subject to Subsection, a law enforcement agency shall provide a copy of an inv…

75E-5-309. When a compensation award may be granted -- Limitations. (1) The office may grant a compensation award if: the compensation specialist finds the compensation claim satisfies the requirements for the compensation award under the provisions of this chapter and the rules …

75E-5-310. Notification of claimant -- Suspension of proceedings. (1) The office shall immediately notify the claimant in writing of a compensation award and shall forward to the Division of Finance a certified copy of the compensation award and a warrant request for the amount o…

75E-5-311. Acceptance of a compensation award -- Assignment of recovery -- Reimbursement. (1) By accepting a compensation award, a victim: automatically assigns to the office any claim the victim may have relating to criminally injurious conduct in the compensation claim; and is …

75E-5-312. Payment of a compensation award -- Claims against the award -- Review. (1) Except as provided in Subsection, a compensation specialist may provide for the payment of a compensation award in a lump sum or in installments. (1)(b) The compensation specialist shall pay the…

75E-5-313. Payments to medical service providers. (1) Except as provided in Subsection, a medical service provider who accepts payment from the office: (2) shall agree to accept payments as payment in full on behalf of the victim or claimant; and may not attempt to collect furthe…

75E-5-314. Attorney fees. (1) The claims procedures shall be sufficiently simple that the assistance of an attorney is unnecessary, and no attorney fees may be paid for the assistance of an attorney or any other representative in filing the compensation claim or providing informa…

75E-6-101. Definitions for chapter. As used in this chapter: (1) "Commission" means the Victim Services Commission. (2) "Criminal justice system victim advocate" means the same as that term is defined in Section. 77-38-403 (3) "Member" means a member of the Victim Services Commis…

75E-6-102. Creation -- Membership -- Terms -- Vacancies -- Expenses. (1) There is created the Victim Services Commission within the department. (2) The commission is composed of the following members: the executive director of the Commission on Criminal and Juvenile Justice or th…

75E-6-103. Chair and vice chair -- Procedure -- Subcommittees. (1) Except as provided in Subsection, the governor shall appoint, with the advice and consent of the Senate, a chair from among the membership of the commission. (1)(b) A member who is a legislator may not be appointe…

75E-6-201. Definitions for part. Reserved.

75E-6-202. Duties of the commission -- Report. (1) The commission shall: advocate for the adoption, repeal, or modification of laws or proposed legislation in the interest of victims of crime; make recommendations to the Legislature, the governor, and the Judicial Council on the …

75E-6-301. Definitions for part. As used in this part: (1) "Committee" means a victim rights committee established in each judicial district as described in Section. 75E-6-302 (2) "Coordinator" means the individual designated by the commissioner as described in Section. 75E-6-303…

75E-6-302. Victim rights committee for each judicial district -- Members -- Terms. (1) There is created a victim rights committee in each judicial district of this state. (2) The commission shall appoint a chair to serve on each committee. (3) The chair shall appoint, with the co…

75E-6-303. Coordinator for victim rights committees. The commissioner shall designate an individual to: (1) provide administrative assistance to each committee; and (2) receive and process complaints as described in Section. 75E-6-304

75E-6-304. Complaint of violation of a victim right -- Criminal justice agency policy about complaints. (1) A victim may submit a complaint to the commission if the complaint alleges a violation of the victim's right. Notwithstanding Subsection, a victim may not submit a complain…

75E-7-101. Definitions for chapter. As used in this chapter: (1) "Board" means the Domestic Violence Offender Treatment Board created in Section. 75E-7-102 (2) "Commission" means the Commission on Criminal and Juvenile Justice created in Section. 75E-3-102

75E-7-102. Domestic Violence Offender Treatment Board -- Creation -- Membership -- Quorum -- Per diem -- Staff support -- Meetings. (1) There is created within the department the Domestic Violence Offender Treatment Board consisting of the following members: the executive directo…

75E-7-201. Definitions for part. Reserved.

75E-7-202. Board duties. (1) The board shall advise and make recommendations to other councils, boards, and offices within the department that address domestic violence. (2) As part of the board's duties under Subsection, the board shall: (1) research standardized procedures and …

75E-8-101. Definitions for chapter. As used in this chapter: (1) "Commission" means the Prosecutor Conduct Commission created in Section. 75E-8-102 (2) "Complaint" means: a written complaint regarding professional misconduct by a prosecuting attorney; or an allegation based on re…

75E-8-102. Prosecutor Conduct Commission -- Members -- Terms -- Compensation -- Staff. (1) There is created the Prosecutor Conduct Commission within the department. (2) The commission is composed of six members as follows: an attorney appointed by the attorney general, with the a…

75E-8-201. Definitions for part. Reserved.

75E-8-202. Functions and duties of the commission. (1) The commission may: request that members of the public report instances of professional misconduct by a prosecuting attorney to the commission; receive, initiate, investigate, or hear complaints as described in Section; 75E-8…

75E-8-203. Complaint and investigation process. (1) A prosecuting attorney shall report: any alleged professional misconduct by another prosecuting attorney to that prosecuting attorney's employer; and any statement by a judge or magistrate alleging that another prosecuting attor…

75E-8-204. Finding of professional misconduct -- Reporting of finding. (1) Upon an investigation under Section, the commission may make a finding, by a preponderance of the evidence, that a prosecuting attorney committed professional misconduct. 75E-8-203 In determining whether a…

75E-8-205. Annual reporting requirement to Legislature. (1) Before November 1 of each year, the commission shall report to the Commission on Criminal and Juvenile Justice, the Law Enforcement and Criminal Justice Interim Committee, and the Judiciary Interim Committee on: the numb…

75E-9-101. Definitions for chapter. As used in this chapter: (1) "Account" means the Indigent Defense Resources Restricted Account created in Section. 75E-9-202 (2) "Child welfare case" means a proceeding under Title 80, Chapter 3, Abuse, Neglect, and Dependency Proceedings, or T…

75E-9-102. Indigent Defense Commission -- Creation -- Purpose. (1) There is created the Indigent Defense Commission within the department. (2) The purpose of the commission is to assist: the state in meeting the state's obligations for the provision of indigent defense services, …

75E-9-103. Commission members -- Member qualifications -- Terms -- Vacancy. (1) The commission is composed of 15 members. The governor, with the advice and consent of the Senate, and in accordance with Title 63G, Chapter 24, Part 2, Vacancies, shall appoint the following 11 membe…

75E-9-104. Powers and duties of the commission. (1) The commission shall: adopt core principles for an indigent defense system to ensure the effective representation of indigent individuals consistent with the requirements of the United States Constitution, the Utah Constitution,…

75E-9-105. Cooperation and participation with the commission. Indigent defense systems and indigent defense service providers shall cooperate and participate with the commission in the collection of data, investigation, audit, and review of indigent defense services.

75E-9-201. Definitions for part. Reserved.

75E-9-202. Indigent Defense Resources Restricted Account -- Administration. (1) There is created within the General Fund a restricted account known as the "Indigent Defense Resources Restricted Account." Appropriations from the account are nonlapsing. (2) The account consists of:…

75E-9-203. Indigent defense services grant program. (1) The commission may award grants: to supplement local spending by an indigent defense system for indigent defense services; and for contracts to provide indigent defense services for appeals from juvenile court proceedings in…

75E-10-101. Definitions for chapter. As used in this chapter: (1) "Child welfare case" means the same as that term is defined in Section. 75E-9-101 (2) "Commission" means the Indigent Defense Commission created in Section. 75E-9-102 (3) "Eligible county" means the same as that te…

75E-10-102. Office of Indigent Defense Services -- Creation. There is created under the commission the Office of Indigent Defense Services.

75E-10-103. Executive director -- Qualifications -- Staff. (1) The commission: shall appoint the executive director, by a majority vote of the commission, to carry out the duties of the office described in Section; and 75E-10-202 may remove the executive director by majority vote…

75E-10-201. Definitions for part. Reserved.

75E-10-202. Duties of the office. (1) The office shall: establish an annual budget for the office for the Indigent Defense Resources Restricted Account created in Section; 75E-9-202 assist the commission in performing the commission's statutory duties described in Chapter 9, Indi…

75E-10-301. Definitions for part. As used in this part, "fund" means the Indigent Inmate Fund created in Section.

75E-10-302. Indigent Inmate Fund. (1) There is created a custodial fund known as the "Indigent Inmate Fund" to be disbursed by the office in accordance with contracts entered into under Subsection. 75E-10-202(1)(g) (2) Money deposited into this fund shall only be used: to pay ind…

75E-10-303. Funding for indigent defense services. (1) The office shall pay for indigent defense services for indigent inmates from the fund. (2) A contract under this chapter shall ensure that indigent defense services are provided in a manner consistent with the core principles…

75E-10-401. Definitions for part. As used in this part: (1) "Fund" means the Indigent Aggravated Murder Defense Fund created in Section. 75E-10-402 (2) "Participating county" means a county that complies with this part for participation in the fund.