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2021 Utah Code
Title 77 - Utah Code of Criminal Procedure
Chapter 36 - Cohabitant Abuse Procedures Act
Section 5.1 - Conditions of probation for domestic violence offense.
Universal Citation: UT Code § 77-36-5.1 (2021)
Effective 5/5/2021
77-36-5.1. Conditions of probation for domestic violence offense.
Amended by Chapter 159, 2021 General Session
77-36-5.1. Conditions of probation for domestic violence offense.
- (1) Before a perpetrator who is convicted or adjudicated of a domestic violence offense may be placed on probation, the court shall consider the safety and protection of the victim and any member of the victim's family or household.
- (2) The court may condition probation or a plea in abeyance on the perpetrator's compliance with one or more orders of the court, which may include:
- (a) a sentencing protective order issued under Section 78B-7-804;
- (b) prohibiting the perpetrator from possessing or consuming alcohol or controlled substances;
- (c) prohibiting the perpetrator from purchasing, using, or possessing a firearm or other specified weapon;
- (d) directing the perpetrator to surrender any weapons the perpetrator owns or possesses;
- (e) directing the perpetrator to participate in and complete, to the satisfaction of the court, a program of intervention for perpetrators, treatment for alcohol or substance abuse, or psychiatric or psychological treatment;
- (f) directing the perpetrator to pay restitution to the victim, enforcement of which shall be in accordance with Chapter 38b, Crime Victims Restitution Act; and
- (g) imposing any other condition necessary to protect the victim and any other designated family or household member or to rehabilitate the perpetrator.
- (3) The perpetrator is responsible for the costs of any condition of probation, according to the perpetrator's ability to pay.
- (4)
- (a) Adult Probation and Parole, or other provider, shall immediately report to the court and notify the victim of any offense involving domestic violence committed by the perpetrator, the perpetrator's failure to comply with any condition imposed by the court, and any violation of a sentencing protective order issued by the court under Section 78B-7-804.
- (b) Notification of the victim under Subsection (4)(a) shall consist of a good faith reasonable effort to provide prompt notification, including mailing a copy of the notification to the last-known address of the victim.
- (5) In addition to a protective order issued under this section, the court may issue a separate order relating to the transfer of a wireless telephone number in accordance with Section 78B-7-117.
Amended by Chapter 159, 2021 General Session
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