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2025 Utah Code
Title 77 - Utah Code of Criminal Procedure
Chapter 18 - The Judgment
Section 102 - Definitions.
Universal Citation:
UT Code § 77-18-102 (2025)
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Effective 9/1/2025
77-18-102. Definitions.
As used in this chapter:
Amended by Chapter 243, 2025 General Session
77-18-102. Definitions.
As used in this chapter:
- (1)"Assessment" means the same as the term "risk and needs assessment" in Section 77-1-3.
- (2)"Board" means the Board of Pardons and Parole.
- (3)"Civil accounts receivable" means the same as that term is defined in Section 77-32b-102.
- (4)"Civil judgment of restitution" means the same as that term is defined in Section 77-32b-102.
- (5)"Convicted" means the same as that term is defined in Section 76-3-201.
- (6)"Criminal accounts receivable" means the same as that term is defined in Section 77-32b-102.
- (7)"Default" means the same as that term is defined in Section 77-32b-102.
- (8)"Delinquent" means the same as that term is defined in Section 77-32b-102.
- (9)"Department" means the Department of Corrections created in Section 64-13-2.
- (10)"Division" means the Division of Adult Probation and Parole created in Section 64-14-202.
- (11)"Habitual offender" means an individual who:
- (a)
- (i)has been convicted in at least five previous cases for one or more felony offenses in each case; and
- (ii)the conviction for each case referred to in Subsection (11)(a)(i) occurred within the five-year period immediately preceding the day on which the defendant is convicted of the new felony offense before the court;
- (b)
- (i)has been charged with one or more felony offenses in at least nine separate cases; and
- (ii)a felony charge in each case referred to in Subsection (11)(b)(i) was issued within the five-year period immediately preceding the day on which the defendant is convicted of the new felony offense before the court;
- (c)
- (i)has been convicted in at least nine previous cases for one or more misdemeanor offenses in each case; and
- (ii)the conviction for each case referred to in Subsection (11)(b)(i) occurred within the three-year period immediately preceding the day on which the defendant is convicted of a new misdemeanor or felony offense before the court; or
- (d)
- (i)has been charged with one or more misdemeanor offenses in at least 19 separate cases; and
- (ii)a misdemeanor charge in each case referred to in Subsection (11)(d)(i) was issued within the three-year period immediately preceding the day on which the defendant is convicted of the new misdemeanor or felony offense before the court.
- (a)
- (12)"Payment schedule" means the same as that term is defined in Section 77-32b-102.
- (13)"Restitution" means the same as that term is defined in Section 77-38b-102.
- (14)"Screening" means a tool or questionnaire that is designed to determine whether an individual needs further assessment or any additional resource or referral for treatment.
- (15)"Substance use disorder treatment" means treatment obtained through a substance use disorder program that is licensed by the Office of Licensing within the Department of Health and Human Services.
Amended by Chapter 243, 2025 General Session
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