§ 63M-7-401.1 — Definitions for part.

Utah § 63M-7-401.1

• Jurisdiction: Utah
• Title 63M: Governor's Programs
• Ch. 63M-7: Criminal Justice and Substance Abuse
• Part 63M-7-4: Sentencing Commission

Text

As used in this part:
(1) "Adjudication" means an adjudication, as that term is defined in Section 80-1-102, of an offense under Section 80-6-701.
(2) "Adult sentencing and supervision length guidelines" means the guidelines established in Section 63M-7-404.3.
(3) "Civil disability" means a legal right or privilege that is revoked as a result of the individual's conviction or adjudication.
(4) "Collateral consequence" means:
(4)(a) a discretionary disqualification; or
(4)(b) a mandatory sanction.
(5) "Conviction" means the same as that term is defined in Section 77-38b-102.
(6) "Disadvantage" means any legal or regulatory restriction that:
(6)(a) is imposed on an individual as a result of the individual's conviction or adjudication; and
(6)(b) is not a civil disability or a legal penalty.
(7) "Discretionary disqualification" means a penalty, a civil disability, or a disadvantage that a court in a civil proceeding, or a federal, state, or local government agency or official, may impose on an individual as a result of the individual's adjudication or conviction for an offense regardless of whether the penalty, the civil disability, or the disadvantage is specifically designated as a penalty, a civil disability, or a disadvantage.
(8) "Juvenile" means a minor as that term is defined in Section 80-1-102.
(9) "Juvenile disposition guidelines" means the guidelines established in Section 63M-7-404.5.
(10) "Mandatory sanction" means a penalty, a civil disability, or a disadvantage that:
(10)(a) is imposed on an individual as a result of the individual's adjudication or conviction for an offense regardless of whether the penalty, the civil disability, or the disadvantage is specifically designated as a penalty, a civil disability, or a disadvantage; and
(10)(b) is not included in the judgment for the adjudication or conviction.
(11) "Master offense list" means a document that contains all offenses that exist in statute and each offense's associated penalty.
(12) "Offense" means a felony, a misdemeanor, an infraction, or an adjudication under the laws of this state, another state, or the United States.
(13) "Penalty" means an administrative, civil, or criminal sanction imposed to punish the individual for the individual's conviction or adjudication.
(14) "Sentencing commission" means the sentencing commission created in Section 63M-7-401.2.

Legislative History

Enacted by Chapter 208, 2024 General Session