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

75E-2-201. Definitions for part. As used in this part: (1) "Alternative recidivism metric" includes: the number of individuals who are incarcerated in a county jail or a state correctional facility: within three years after the day on which the individuals are released from incar…

75E-2-202. Department responsibilities. The department shall: (1) promote the communication and coordination of all criminal and juvenile justice agencies; (2) study, evaluate, and report on: the status of crime in the state; the effectiveness of criminal justice policies, proced…

75E-2-203. Recidivism metrics -- Reporting. (1) When reporting data on statewide recidivism, the department, the Department of Corrections, and the Board of Pardons and Parole shall include data reflecting the recidivism standard metric and any available alternative recidivism me…

75E-2-204. Annual report by the department. (1) The department shall annually prepare and publish a report directed to the governor, the Legislature, the commission, and the Judicial Council. (2) The report shall describe how: the commission fulfilled the commission's statutory p…

75E-2-205. Prosecutorial data collection -- Policy transparency. (1) As used in this section: "Criminal case" means a case in which an offender is charged with an offense that requires a mandatory court appearance under the Uniform Bail Schedule. "Criminal case" does not mean a c…

75E-2-206. Prosecutorial data collection regarding certain prosecutions, dismissals, and declinations to prosecute. (1) Each prosecutorial agency within the state shall collect and submit the following data to the department: the number of prosecutions during the previous calenda…

75E-2-207. Juvenile justice oversight -- Delegation -- Effective dates. (1) As used in this section, "juvenile recidivism" means the same as that term is defined in Section. 80-6-104 (2) The department shall: support implementation and expansion of evidence-based juvenile justice…

75E-2-208. Domestic violence data collection. (1) As used in this section: "Cohabitant abuse protective order" means an order issued with or without notice to the respondent in accordance with Title 78B, Chapter 7, Part 6, Cohabitant Abuse Protective Orders. "Lethality assessment…

75E-2-209. Judicial selection -- Rulemaking. The department shall: (1) enact rules establishing procedures for the meetings of a judicial nominating commission created under Section,, orin accordance with; and 78A-10a-302 78A-10a-402 78A-10a-502 Title 63G, Chapter 3, Utah Adminis…

75E-2-210. Public safety portal -- Software service required to be compatible with public safety portal. (1) As used in this section, "division" means the Division of Technology Services created in Section. 63A-16-103 (2) The department shall oversee the creation and management o…

75E-2-211. Rape crisis and services center standards, eligibility, and monitoring -- Administrative rulemaking authority. (1) With regard to eligibility for a grant, other funds, or services provided under Chapter 5, Office for Victims of Crime, for a rape crisis and services cen…

75E-2-301. Definitions for part. Reserved.

75E-2-302. Law enforcement agency grants. (1) As used in this section, "agency" means: a state or local law enforcement agency; or a state or local government agency, or a nonprofit organization, that works to prevent illegal drug activity and enforce laws regarding illegal drug …

75E-2-303. State grant requirements. (1) Except as provided in Subsection, the department may not award a grant of state funds to an entity subject to, and not in compliance with, the reporting requirements described in Subsection. (2) 75E-2-210(5) (2) The department may award a …

75E-2-304. Pretrial Release Programs Special Revenue Fund -- Funding -- Uses. (1) As used in this section, "fund" means the Pretrial Release Programs Special Revenue Fund created in this section. (2) There is created an expendable special revenue fund known as the "Pretrial Relea…

75E-2-305. Victim Services Restricted Account -- Funding -- Uses. (1) There is created in the General Fund a restricted account known as the "Victim Services Restricted Account." (2) The Victim Services Restricted Account is funded by: money appropriated to the account by the Leg…

75E-2-306. Public safety portal grant program. (1) As used in this section: "Grant" means a grant awarded under this section. "Program" means the public safety portal grant program created in Subsection. (2)(a) (2) There is created within the department the public safety portal g…

75E-2-307. Violent Crime Clearance Rate Fund -- Funding -- Uses. (1) As used in this section: "Cleared by arrest" means that an individual reported in connection with a crime is: arrested by a law enforcement agency; charged with a crime; and turned over to a court for prosecutio…

75E-3-101. Definitions for chapter. As used in this chapter: (1) "Commission" means the Commission on Criminal and Juvenile Justice created in Section. 75E-3-102 (2) "Rape crisis and services center" means a nonprofit entity that assists victims of sexual assault and victims' fam…

75E-3-102. Creation -- Purpose. (1) The Commission on Criminal and Juvenile Justice is created within the department. (2) The commission's purpose is to: promote broad philosophical agreement concerning the objectives of the criminal and juvenile justice system in Utah; provide a…

75E-3-103. Composition -- Appointments -- Ex officio members -- Terms. (1) The commission is composed of 17 voting members as follows: the state court administrator or the state court administrator's designee; the executive director of the Department of Corrections or the executi…

75E-3-104. Executive director -- Qualifications -- Compensation -- Appointment -- Functions. (1) The commissioner, with the advice and consent of the Senate, shall appoint an individual experienced in the field of criminal justice and in administration as the executive director o…

75E-3-105. Election of chair -- Meetings. (1) The membership of the commission, by simple majority vote of commission members in attendance, shall annually elect a commission member to serve as chair. (2) The chair is responsible for the call and conduct of meetings. (3) The chai…

75E-3-106. Members serve without pay -- Reimbursement for expenses. (1) A member who is not a legislator may not receive compensation or benefits for the member's service, but may receive per diem and travel expenses as allowed in: Section; 63A-3-106 Section; and 63A-3-107 rules …

75E-3-201. Definitions for part. Reserved.

75E-3-202. Duties of commission. (1) The commission shall: promote the commission's purposes as described in Section; 75E-3-102 promote the communication and coordination of all criminal and juvenile justice agencies; identify and promote the implementation of specific policies a…

75E-4-101. Definitions for chapter. As used in this chapter: (1) "Adjudication" means an adjudication, as that term is defined in Section, of an offense under Section. 80-1-102 80-6-701 (2) "Adult sentencing and supervision length guidelines" means the guidelines established in S…

75E-4-102. Creation -- Members -- Appointment -- Qualifications. (1) There is created the sentencing commission within the department. (2) The sentencing commission shall: develop bylaws and rules in compliance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; and el…

75E-4-103. Terms of members -- Reappointment -- Vacancy. (1) Except as required by Subsection, the appointing authority shall appoint each new member or reappointed member to a four-year term as the terms of members of the sentencing commission expire. (1)(b) The appointing autho…

75E-4-104. Compensation of members. (1) A member of the sentencing commission who is not a legislator may not receive compensation or benefits for the member's service, but may receive per diem and travel expenses as allowed in: Section; 63A-3-106 Section; and 63A-3-107 rules mad…

75E-4-201. Definitions for part. Reserved.

75E-4-202. Duties of the sentencing commission. (1) The sentencing commission shall establish and maintain: the adult sentencing and supervision length guidelines described in Section; 75E-4-203 the juvenile disposition guidelines described in Section; 75E-4-204 an annual offense…

75E-4-203. Adult sentencing and supervision length guidelines. (1) Subject to Subsection), the sentencing commission shall establish and maintain adult sentencing and supervision length guidelines regarding: (2 the sentencing and release of offenders in order to: accept public co…

75E-4-204. Juvenile disposition guidelines. (1) The sentencing commission shall establish and maintain juvenile disposition guidelines that: respond to public comment; relate dispositional practices and rehabilitative resources; increase consistency in disposition orders; better …

75E-4-205. Annual offense report -- Collateral consequences guide. (1) The sentencing commission shall create an annual offense report listing and briefly summarizing every criminal offense that was created, expanded, enhanced, reduced, or eliminated during the previous legislati…

75E-4-206. Reports -- Legislative approval -- Publication of reports. (1) On or before October 31 of each year, the sentencing commission shall submit the sentencing and supervision length guidelines and juvenile disposition guidelines created in accordance with Sectionsandto the…

75E-5-101. Definitions for chapter. As used in this chapter: (1) "Accomplice" means an individual who has engaged in criminal conduct as described in Section. 76-2-202 (2) "Advocacy services provider" means the same as that term is defined in Section. 77-38-403 (3) "Bodily injury…

75E-5-102. Office for Victims of Crime -- Purpose. (1) There is created the Office for Victims of Crime within the department. (2) The purpose of the office is to assist victims of criminally injurious conduct who may be eligible for assistance from the fund.

75E-5-103. Appointment of director. (1) The commissioner shall appoint a director to carry out the provisions of this chapter. (2) The director shall: be an experienced administrator with a background in at least one of the following fields: social work; psychology; criminal just…

75E-5-201. Definitions for part. Reserved.

75E-5-202. Duties of the office. (1) The office shall: prescribe policy for the office; under the direction of the commissioner, make rules to implement and administer this chapter in accordance with Title, Utah Administrative Rulemaking Act, which may include setting ceilings on…

75E-5-203. Director duties and powers. (1) The director shall: hire staff, including compensation and assistance specialists, as necessary; act when necessary as a compensation specialist in deciding an initial compensation claim; possess the same investigation and decision-makin…

75E-5-204. Staff duties. In addition to any assignments made by the director, a compensation specialist shall: (1) hear and determine all matters relating to a compensation claim and reinvestigate or reopen a compensation claim without regard to statutes of limitation or periods …

75E-5-205. Records -- Requirements for release. (1) Notwithstanding Title 63G, Chapter 2, Government Records Access and Management Act, a confidential record, a public restitution record, and a nonpublic restitution record may only be disclosed as provided in this section. (2) A …

75E-5-206. Rulemaking -- Exemption from Administrative Procedures Act. (1) The office shall make, in accordance with, rules for procedures for contested determinations by a compensation specialist. Title 63G, Chapter 3, Utah Administrative Rulemaking Act (2) The office is exempt …

75E-5-301. Definitions for part. Reserved.